Commonwealth v. Cover

Dissenting Opinion by

Me. Chief Justice Moschzisker, AND Mr. Justice Schaffer,

November 24,1924:

The offense charged in the indictment is that the accused “knowingly” inserted or caused to be inserted “false figures......in the tally paper” and “return sheet,” not that he failed to discover possible frauds perpetrated by others.

In order to have the evidence against one, prosecuted for a criminal offense, presented to a jury, the proofs relied on must show, (1) that the offense alleged was in fact perpetrated; and (2), when this is established, that the person indicted took part in its…