Commonwealth v. Scheiring
Superior Court of Pennsylvania
Appeal, No. 194, April T., 1915, by defendant, from judgment of Q. S. Butler Co., March T., 1914, No. 18, on verdict of guilty in case of Commonwealth v. John J. Scheiring. Indictment for larceny. Before Reiber, J. Prom the record it appeared that the indictment contained four counts. On the first three counts a verdict of not guilty was found by direction of the court. These counts charged larceny of specific sums but the charges were not sustained by the evidence.
Read the full summary
Appeal, No. 194, April T., 1915, by defendant, from judgment of Q. S. Butler Co., March T., 1914, No. 18, on verdict of guilty in case of Commonwealth v. John J. Scheiring. Indictment for larceny. Before Reiber, J. Prom the record it appeared that the indictment contained four counts. On the first three counts a verdict of not guilty was found by direction of the court. These counts charged larceny of specific sums but the charges were not sustained by the evidence. The fourth count of the indictment was as follows: And the inquest aforesaid, upon their respective oaths and affirmations,…
1Opinion of the Court
Opinion bx
Porter, J.,
The learned judge of the court below, in his opinion refusing the motion for a new trial, very properly reached the conclusion that the count of the indictment upon which the defendant was convicted was founded upon and charged the defendant with the offense defined by sec. 107 of the Act of March 31, 1860, P. L. 382, that is, larceny by a clerk, servant or employee of property of his employer which he had received by virtue of his employment, in the name of his employer. The learned district attorney frankly concedes, in his paper-book, that the indictment is framed…
2Cases cited1 opinion
- Commonwealth v. KeuhneSuperior Court of Pennsylvania · 1910
3Cited by1 opinion
- Commonwealth v. FosterSuperior Court of Pennsylvania · 1933