Commonwealth v. Beale

Citations

• 19 Pa. Super. 434
• 1902 Pa. Super. LEXIS 122

Syllabus

<p>Criminal law — Embezzlement—Executor—Evidence.</p> <p>On the trial of an indictment against an executor for embezzlement, there is sufficient evidence to sustain a conviction where the testimony is in effect that the estate of the decedent consisted almost entirely of cash ; that the cash had been transferred to the defendant’s account as executor, and a month thereafter was overdrawn; that frequent demands had been made upon the defendant by the representatives of a deceased legatee; that the defendant had made numerous promises of settlement, without ever saying anything of an investment of the funds; that at the trial he claimed that he had invested the legatee’s money with her consent in the stock of a corporation, the certificates of which showed an assignment to the legatee, but the testimony as to the presence of the legatee in the defendant’s office, where she is allegéd to have given her consent, is contradicted by the testimony of her family physician and her son who stated that she was physically unable to be there.</p> <p>Criminal law — Sentence—Assignments of error.</p> <p>On appeal, objection cannot be taken to the legality of a sentence in a criminal ease where there is nothing on the record to show what exceptions had been taken to the sentence, and the assignment of error does not set forth the sentence itself.</p>