Heine v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Tioga county: Of May Term 1878, No. 36. . Indictment of Arnold B. Heine,_ for conspiracy to cheat and defraud his creditors. In 1876, Heine owned a store in Blossburg, which contained a quantity of goods. On the 17th of August these goods were assigned by Heine to Henry Weill, a young man who had been a clerk in his store.
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Error to the Court of Quarter Sessions of Tioga county: Of May Term 1878, No. 36. . Indictment of Arnold B. Heine,_ for conspiracy to cheat and defraud his creditors. In 1876, Heine owned a store in Blossburg, which contained a quantity of goods. On the 17th of August these goods were assigned by Heine to Henry Weill, a young man who had been a clerk in his store. At this time Heine owed a large sum of money to Claflin & Co., of New York, and E. S. Jaffrey & Co., of the same city, for goods purchased of said firms. It was not disputed that about the time of the assignment, Heine owed about…
1Opinion of the CourtJustice Gordon
We have no doubt that the declarations of Weill as detailed by Edward C. Holmes and others, made, as they appear to have been, after the relations between himself and Heine had been dissolved, were improperly admitted. The declarations of a conspirator are, of course, always evidence against himself, and they are also evidence against his associates when they are made during the performance of the fraudulent transactions which constitute the crime charged, for they then form part of such transactions and as such may properly be admitted; but when not made during the progress of the fraudulent…
2Cited by38 opinions
- Commonwealth v. TrunkSupreme Court of Pennsylvania · 1932
- Commonwealth v. WilsonSupreme Court of Pennsylvania · 1959
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
- Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
- Commonwealth v. EllsworthSupreme Court of Pennsylvania · 1963
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