Henwood & Arney v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Cumberland county. Theodore E. Henwood and Edward Arney were charged in an indictment of three counts: — The first, for actual larceny of two horses and a buggy: the second, for larceny as bailees of two horses and a buggy, and the third, of a conspiracy to defraud James S. Sterrett of two horses and buggy, and attempting to sell them, &c. The offences severally charged were all the same transaction.
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Error to the Court of Quarter Sessions of Cumberland county. Theodore E. Henwood and Edward Arney were charged in an indictment of three counts: — The first, for actual larceny of two horses and a buggy: the second, for larceny as bailees of two horses and a buggy, and the third, of a conspiracy to defraud James S. Sterrett of two horses and buggy, and attempting to sell them, &c. The offences severally charged were all the same transaction. The jury found the defendants guilty on the first and third counts, and not guilty on the second. After denial of a motion for a new trial and in arrest…
1Opinion of the Court
The opinion of the court was delivered, May 25th 1866, by
Agnew, J.
The English rule against the joinder of a felony and a misdemeanor in the same indictment has been greatly modified by modern decisions. It would be going too far to say now that it exists in any case, except it is where the offences are repugnant in their nature and legal incidents, and the trial and judgment so incongruous as to tend to deprive the defendant of some legal advantage: Rex v. Ferguson, 29 Eng. Law and Equity 536; Buck v. The State, 2 Harris & Johnson 426; Harman v. Commonwealth, 12 S. & R. 69; State v. Hooker,…
2Cited by24 opinions
- Commonwealth v. AnticoSuperior Court of Pennsylvania · 1941
- Commonwealth v. McCuskerSupreme Court of Pennsylvania · 1949
- Commonwealth v. McCUSKERSupreme Court of Pennsylvania · 1950
- Commonwealth Ex Rel. Russo v. Ashe, WardenCourt of Judicial Discipline of Pennsylvania · 1928
- Commonwealth v. GougerSuperior Court of Pennsylvania · 1902
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