Legal Opinion

Clary v. Commonwealth

Supreme Court of Pennsylvania

Decided October 21, 1846PublishedCited by 4 opinions

Error, to the -Quarter Sessions of Alleghany county. Oct. 15. This was an indictment charging a conspiracy to cheat. The indictment, conviction, sentence of the court, errors assigned here, and all the material facts of -the case, are fully set forth and stated in the opinion of this court, delivered by his honour, Burnside, J. No overt act is laid, and that is fatal. 2 Ld. R'aym. 1167; 3Chitty’s Crim.

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Error, to the -Quarter Sessions of Alleghany county. Oct. 15. This was an indictment charging a conspiracy to cheat. The indictment, conviction, sentence of the court, errors assigned here, and all the material facts of -the case, are fully set forth and stated in the opinion of this court, delivered by his honour, Burnside, J. No overt act is laid, and that is fatal. 2 Ld. R'aym. 1167; 3Chitty’s Crim. Law, 615; 2 East, P. C. 816; 3 Term Rep. 104. In Lewis v. Commonwealth, 2 Serg. & Rawle, 552, and Collins v. Commonwealth, 3 Serg. &.Rawle, 222, overt acts were laid. Time and place are…

1Opinion of the CourtBurnside, J.

The-plaintiff in error was indicted with ■another, of devising and fraudulently intending to acquire and get into their hands and possession the ' moneys, goods, and properties *212of the citizens of this Commonwealth, at Pittsburgh, in the county of Alleghany, by fraudulent and dishonest means, on the first day of March, 1846, did falsely, fraudulently, and unlawfully conspire, combine, confederate, and agree among themselves, to make, utter, and publish certain false, forged, and counterfeit bank notes, of the Mineral bank of Maryland, of the form, and to the resemblance of good, and genuine,…

2Cases cited2 opinions

  1. Lewis v. CommonwealthSupreme Court of Pennsylvania · 1816
  2. Commonwealth v. M'KissonSupreme Court of Pennsylvania · 1822

3Cited by4 opinions

  1. Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
  2. Commonwealth v. StambaughSuperior Court of Pennsylvania · 1903
  3. Commonwealth v. MackDauphin County Court of Quarter Sessions · 1932
  4. Zeiders v. Lewis Apparel Stores, Inc., Pennsylvania Court of Common Pleas, Blair County1952

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