Becker v. Commonwealth

Decided May 9, 1887

Supreme Court of Pennsylvania · decided 1887-05-09

The indictment contained three counts, the first of which was as follows: “The grand inquest of the commonwealth of Pennsylvania, inquiring for the connty of Northumberland, upon their oaths and affirmations, respectively, do present that John Becker and August Broskie, late of said county, yeomen, on the 6th day of September, in the year of onr Lord 1886, about the hour of 12 o’clock in the night of the same day, at the county aforesaid, and within the jurisdiction of this…

Cited by 1 later decisions — most recently May 1941

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1887-05-09

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Per Curiam :

¶1There was no error in refusing to quash the first count of the indictment Charging burglary with intent to commit larceny and that the larceny was actually consummated does not make the indictment bad for duplicity. It is a well-recognized form of framing a count, both in England and in this country.

¶2The court gave due effect to the evidence of previous good character in designating it to be positive evidence which might of itself pioduce such reasonable doubt as may result in producing an acquittal.

¶3We see no error in the remaining assignment.

¶4Judgment affirmed.