Commonwealth v. Levine
Superior Court of Pennsylvania
Appeals, Nos. 124 and 125, April T., 1920, by defendant, from sentence of Q. S. Lawrence County, Dec. Sessions, 1918, Nos. 17 and 18, on verdict of guilty in the ease of Commonwealth of Pennsylvania v. Mark Levine. Indictment for breaking into a freight car, larceny and receiving stolen goods. Before Emery, P. J. The opinion of the Superior Court states the case. Verdict of guilty on which judgment of sentence was passed. Defendant appealed.
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Appeals, Nos. 124 and 125, April T., 1920, by defendant, from sentence of Q. S. Lawrence County, Dec. Sessions, 1918, Nos. 17 and 18, on verdict of guilty in the ease of Commonwealth of Pennsylvania v. Mark Levine. Indictment for breaking into a freight car, larceny and receiving stolen goods. Before Emery, P. J. The opinion of the Superior Court states the case. Verdict of guilty on which judgment of sentence was passed. Defendant appealed. Errors assigned were the charge of the court, and refusal to allow an amendment to the indictment by striking out the word “Northwestern” and…
1Opinion of the Court
Opinion by
Head, J.,
We are of opinion the amendment to the indictment, the allowance of which is the subject of the first assignment of error, was but a matter of form or description of the name of the corporation alleged to be the owner of the car, the breaking and entering of which was the basis of the charge. The amendment was asked for and allowed before plea was entered or the jury was sworn. It appears to us to have come within both the letter and the spirit of the thirteenth section of the Criminal Procedure Act of March 31,1860. Had there been any reasonable apprehension that injustice…
2Cases cited4 opinions
- Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Commonwealth v. IeradiSupreme Court of Pennsylvania · 1906
- Alexander v. BuckwalterSuperior Court of Pennsylvania · 1901
- Chamberaeti v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1918
3Cited by2 opinions
- Commonwealth v. ParenteSuperior Court of Pennsylvania · 1957
- Commonwealth v. FedullaSuperior Court of Pennsylvania · 1926