Holmes v. Commonwealth
Supreme Court of Pennsylvania
Error to tbe Court of Quarter Sessions of Fayette county. Samuel A. Fisher and Jacob Clement were separately indicted for burglary, in breaking and entering into the house of Daniel Brubaker, in the town of Brownsville, and on the 9th of March, 1855, were arraigned, tried, and found guilty. Jacob Clement pleaded guilty.
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Error to tbe Court of Quarter Sessions of Fayette county. Samuel A. Fisher and Jacob Clement were separately indicted for burglary, in breaking and entering into the house of Daniel Brubaker, in the town of Brownsville, and on the 9th of March, 1855, were arraigned, tried, and found guilty. Jacob Clement pleaded guilty. Andrew H. Holmes, the plaintiff in error, was indicted as being accessory to the burglary, both before and after the fact, and for receiving the goods stolen by Fisher and Clement from the said dwelling-house. And on the 10th of March, he plead not guilty, and a jury was…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J. —
Although the first count in the indictment charges that a burglary was committed by Jacob Clement and Samuel H. Fisher, it is apparent from the whole record that the indictment was against Andrew H. Holmes, as accessory before and after the fact, and for receiving stolen goods, knowing them to have been stolen. The pleader has set forth the commission of the burglary in apt and technical terms, but it is merely as inducement to the *223charge against the prisoner as accessory, and not with tshe intention of indicting principals and accessory…
2Cited by15 opinions
- Halderman's PetitionSupreme Court of Pennsylvania · 1923
- Commonwealth v. CraigSuperior Court of Pennsylvania · 1902
- Commonwealth v. FergusonSuperior Court of Pennsylvania · 1910
- Commonwealth Ex Rel. Milewski v. AsheSupreme Court of Pennsylvania · 1950
- Commonwealth ex rel. DeSimone v. MaroneySuperior Court of Pennsylvania · 1955
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