Legal Opinion

Commonwealth v. Rockafellow

Supreme Court of Pennsylvania

Decided July 12, 1894No. Appeal, No. 309PublishedCited by 4 opinions

Appeal, No. 309, Jan. T., 1894, by defendant, from judgment of Q. S. Luzerne Co., June T., 1893, No. 65, on verdict of guilty. Indictment against banker for fraudulently receiving money of depositor.

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Appeal, No. 309, Jan. T., 1894, by defendant, from judgment of Q. S. Luzerne Co., June T., 1893, No. 65, on verdict of guilty. Indictment against banker for fraudulently receiving money of depositor. Before Lynch, P. J. The indictment was as follows : “ The grand inquest of the commonwealth of Pennsylvania,, inquiring for the county of Luzerne, upon their respective oaths and affirmations, do present that F. Y. Rockafellow, •. yeoman, late of said county, on the seventh day of February-in the year of our Lord one thousand eight hundred and ninety-three, at the county aforesaid, and within the…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

The only exceptions that require notice relate to the sufficiency of the indictment, which was drawn under the' act of May 9, 1889, P. L. 145. The act provides that any banker who-sball receive money from a depositor with the knowledge that he, the banker, is at the time insolvent, shall be guilty of embezzlement.

*143The indictment charges that the defendant, being a banker and knowing that he was insolvent, received money from a depositor.

The averment in the indictment follows the language of the act, and is in substantial compliance with the rules of criminal pleading.

2Cited by4 opinions

  1. Ex parte PittmanNevada Supreme Court · 1909
  2. State v. WinstandleyIndiana Supreme Court · 1900
  3. Commonwealth v. RockafellowSuperior Court of Pennsylvania · 1897
  4. State v. NanceNew Mexico Supreme Court · 1927

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