Pennsylvania Superior Court Reports Volume 14

Pennsylvania Superior Court Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...That offense is the neglect to construct within a reasonable time. The performance of that duty cannot be specifically enforced by sentence on this conviction; P. V. & C. Ry. Co. v. Commonwealth, 101 Pa. 192. Under this ruling that portion of the sentence requiring the defendant to abate the nuisance must be stricken out. The sentence is modified and amended by striking therefrom all excepting the fine of $5.00 and the costs, and as thus amended and modified, the judgment is affirmed. Commonwealth v. Hazlett. Criminal law--Rece1.'pt of deposits-Insolvent banker-Pleading--Former acquittal. A former conviction on an indictment drawn under the Act of May 9, 1889, P. L. 145, is not a bar toa subsequent prosecution for having, under the same circumstances, and with the same knowledge of insolvency, as in the former case and on the same day, received from another person a deposit of money. Dernurrer to' plea of former acqu1Ittal--Eject as admission. A demurrer to a plea of former acquittal does not admit the correctness of every argument or inference from the record pleaded that the defendant may see fit to put into his plea. Pleading--.Amendment of 1.'ndictment--Discreti0n of court. There is no reviewable abuse of discretion where the trial judge permits an indictment against an insolvent banker to be amended by adding the words; " and of another person being a partner and joint owner with him." The variance was not material to the merits of the case, nor could it prejudice the defense on the merits. Evidence--Kn0wledge of insolvency by banloer. In'ai1'indictment against an insolvent banker the commonwealth is bound to prove defendant's knowledge of insolvency and in most cases this can only be proved by...
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Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • United States
  • English
  • black & white illustrations
  • 1236833686
  • 9781236833686