Pennsylvania Superior Court Reports Volume 51

Pennsylvania Superior Court Reports Volume 51

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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. 1917 edition. Excerpt: ...probable cause for the institution by the defendant, this witness, of the prosecution complained of; and to sustain the issue on the part of the defendants. Mr. Blackf The offer is objected to as not proving or tending to prove probable cause for the prosecution involved in this case. The information in this case charges Statement of Facts. 51 Pa. Superior Ct. McCoy with the larceny of a mule team at the city of York in Pennsylvania, and there is not anything in this offer that proves or tends to prove probable cause for Stauffer or Kalbachbelieving that he had been guilty of larceny of a mule team in the city of York or York county. ' And it is further objected to that Kalbach has already testified that the sole object and purpose of the information made at his instance against McCoy in Pennsylvania was to recover his property, which excludes the idea or possibility of probable' cause for criminal prosecution in Pennsylvania. The Court: We think the offer is admissible to show under what influence Kalbach was acting when he gave this order, and to show probable cause for rebutting malice. ' We admit the offer. ' Mr. Black: That is offered for one purpose, to show probable cause. The Court: Well, probable cause rebuts malice. (Discussion.) The Court: We look upon this as authority to Stauffer to apprehend the thief and recover the team. (Discussion.) _ The Court: At that rate criminals could not be apprehended when they escaped from the jurisdiction without getting an indictment against them first. It is always customary to have them apprehended, at least to wait the apprehension by the proper oflicer from the state from which he escapes. That is constantly being done. The party is detained until the proceedings can more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236931955
  • 9781236931955