Legal Opinion

Commonwealth v. Burke

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 114PublishedCited by 6 opinions

Appeal, No. 114, April T., 1920, by defendant, from judgment of Q. S. Allegheny Co., May Sessions, 1919, No. 297, on verdict of guilty in case of Commonwealth of Pennsylvania v. Frank Burke, Jr. Indictment for larceny and receiving stolen goods. Before Swearingen, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on the charge of larceny on which judgment of sentence was passed. Defendant appealed.

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Appeal, No. 114, April T., 1920, by defendant, from judgment of Q. S. Allegheny Co., May Sessions, 1919, No. 297, on verdict of guilty in case of Commonwealth of Pennsylvania v. Frank Burke, Jr. Indictment for larceny and receiving stolen goods. Before Swearingen, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on the charge of larceny on which judgment of sentence was passed. Defendant appealed. Errors assigned were various rulings on evidence, the charge of the court and in permitting the cross-examination of the defendant concerning another similar of-

1Opinion of the Court

Opinion by

Porter, J.,

The appellant was, jointly with two others, charged in the indictment upon which he was tried, with the larceny of certain goods, the property of the Pennsylvania Railroad Company. The trial resulted in a verdict of guilty as to this appellant and one other defendant; and Frank *322Burke, Jr., having been duly sentenced, appeals from that judgment.

The goods which were the subject of the alleged larceny were in the possession of the Pennsylvania Railroad, as a common carrier, were in the course of transportation and were by the indictment correctly averred to be the property…

2Cases cited4 opinions

  1. Commonwealth v. RaccoSupreme Court of Pennsylvania · 1909
  2. Commonwealth v. GaranchoskieSupreme Court of Pennsylvania · 1916
  3. Commonwealth v. WilliamsSuperior Court of Pennsylvania · 1909
  4. Commonwealth v. DietrichSuperior Court of Pennsylvania · 1917

3Cited by6 opinions

  1. Commonwealth v. WiswesserSuperior Court of Pennsylvania · 1936
  2. Commonwealth v. MeinhartSuperior Court of Pennsylvania · 1953
  3. Commonwealth v. SchultzSuperior Court of Pennsylvania · 1951
  4. Commonwealth v. RobzinSuperior Court of Pennsylvania · 1922
  5. Commonwealth v. KumitisSuperior Court of Pennsylvania · 1950

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