Fulmer v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Monroe county: Of January Term 1880, No. 295. Chester B. Eulmer was indicted in the said Court of Quarter Sessions to September sessions 1879, for larceny and for receiving stolen goods with knowledge that they were stolon.
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Error to the Court of Quarter Sessions of Monroe county: Of January Term 1880, No. 295. Chester B. Eulmer was indicted in the said Court of Quarter Sessions to September sessions 1879, for larceny and for receiving stolen goods with knowledge that they were stolon. The indictment contained two counts — the first charged that, on August 18th 1879, he did feloniously steal, take and carry away one gold chain of the value of §40, &c., &c., of the goods and chattels and property of one Elizabeth Evans; fifty dimes of the value, &c.; seven handkerchiefs, &o., &c., of the goods and chattels,…
1Opinion of the CourtJustice Trunkey
The defendant moved the court “ to quash the first count of said indictment, because he is charged therein with the commission of three separate felonies which motion was refused. Whether its refusal was error must be determined from the count itself, without reference to the evidence subsequently given. It may be noted that there is neither exception nor assignment of error to the receiving of testimony offered to establish the said count, nor to the instructions of the court in submitting the evidence relating thereto, and, therefore, there can be no review of the rulings or instructions…
2Cases cited1 opinion
- State v. NelsonSupreme Judicial Court of Maine · 1849
3Cited by20 opinions
- Commonwealth v. LockhartSuperior Court of Pennsylvania · 1972
- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
- Abston v. Waldon AcademyTennessee Supreme Court · 1906
- State v. ClarkOregon Supreme Court · 1905
- Williams v. StateTennessee Supreme Court · 1965
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