Commonwealth v. Bingle

Citations

• 62 Pa. Super. 105
• 1916 Pa. Super. LEXIS 365

Syllabus

<p>Criminal law- — Conspiracy—Evidence—Acts and declarations of conspiracy — Township officers — False warrants.</p> <p>The acts and declarations of a conspirator, in furtherance of a common purpose are evidence against himself, and also against his associate, when they are made during the performance of the fraudulent transaction, which constitutes the crime charged, for they form a part of such transaction.</p> <p>Community of design and intent must he established before the acts and declarations of a co-conspirator may be properly received in evidence, and such things can always be proved when it is clear that they related to the furtherance of the common design.</p> <p>If two persons pursue by their acts the same object, one performing one act or a part of an act, and other another act or part of an act, so as to complete the transaction with a view to attainment of the object they are pursuing, a jury is at liberty to draw the conclusion that they have been engaged in a conspiracy to effect that object.</p> <p>On the trial of an indictment of township officers for conspiracy in issuing false warrants, where it appears that at a meeting of the auditors of the township 'warrants were presented that were admitted to be false, both as to the name of the payee and consideration, and that they were conclusively the design of the defendants and necessarily involved previous arrangement and consultation between them, statements and declarations of the defendant made at the audit are admissible in evidence.</p> <p>Criminal law — Trial—Remarle by district attorney.</p> <p>When on the trial of a criminal indictment the district attorney starts to say, “you will remember, gentlemen, the defendants who testified, said,” when he was interrupted by counsel with a request to the court to withdraw a juror, the court commits no error in refusing such request, where it appears that the district attorney did not name those of the defendants who testified, and did not further comme