Opinion

Commonwealth v. Brown

  • 54 Pa. Super. 439
  • 1913 Pa. Super. LEXIS 81
Court
Superior Court of Pennsylvania
Filed
Jul 16, 1913
Status
Published
On the bench
Head, Henderson, Morrison, Orlady, Porter, Rice
Cited by
0 cases
Authority
More cited than 7.4%

The opinion

Per Curiam,

After a careful examination and consideration of the record and the evidence in this case in the light of the assignments of error, and with the aid of the arguments of the able counsel for the defendant and the commonwealth, we all are of opinion that the indictment accurately charged the offense prescribed against by sec. 1 of the Act of June 7, 1911, P. L. 698, and that the evidence was amply sufficient to warrant the jury in finding every fact essential to the defendant’s lawful conviction of the offense charged. Indeed, it is impossible to see how they could have had any reasonable doubt of his guilt of that specific crime, if they believed the evidence. The question was for the jury; it was submitted to them in an adequate and impartial charge, and we see no valid ground, technical or otherwise, for disturbing their verdict. As to the second assignment of error, it seems sufficient to say that the defendant, at least, has no just cause of complaint because the affirmance of his point was accompanied by the qualifying and explanatory remarks embraced in this assignment. The learned trial judge’s statement of the *444 law applicable to the subject was quite as favorable to the defendant as he had a right to ask. See Campbell v. Com., 84 Pa. 187 ; Com. v. Wasson, 42 Pa. Superior Ct. 38 .

All the assignments of error are overruled and the judgment is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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