Public-domain · open source
OpenJurist

4 Serg. & Rawle 194

Stewart v. Commonwealth

Supreme Court of Pennsylvania

Decided May 21, 1818

Supreme Court of Pennsylvania · decided 1818-05-21

In Error. ON a writ of error to the Court of Oyer and Terminer ... ot the county of Tork, it appeared, that an indictment was f°und by the grand jury, that George Stewart, &c. the house of one Abraham Miller, &c. “feloniously burglariously did break and enter, and sundry promissory notes for the payment of money of the value of eighty dollars, of the goods and chattels of the said Abraham Miller, in the said dwelling house, then and there being found, then and there…

Decided 1818-05-21

¶1The opinion of the Court was delivered by

Duncan J.

¶2The judgment should be reversed, because it does not appear by the indictment, thát any felony was committed, or intended to be committed, the charge of felony being too vague and uncertain, viz. that “ the defendant feloniously stole, ,took, and carried away sundry promissory notes for the payment of money, of the value of eighty dollars, of the goods and chattels of the said Abraham Miller.” The notes should have been more particularly described, and it should have been set forth, that the money was unpaid on them.

¶3Judgment reversed.

/4/sergrawle/194 · .json · Public domain