Commonwealth v. Burke

Citations

• 74 Pa. Super. 320
• 1920 Pa. Super. LEXIS 148

Syllabus

<p>Criminal law — Larceny—Evidence.</p> <p>On a trial of an indictment for larceny of goods, while in possession of a common carrier, the indictment correctly averred that the stolen articles were the property of the carrier.</p> <p>When goods are stolen from the carrier in the course of transportation, it is manifest that all the facts necessary to establish the theft and identify the thief cannot always be established by the testimony of -a single witness.</p> <p>At the trial of an indictment for larceny the evidence disclosed that a number of cars loaded with miscellaneous merchandise had arrived at a railroad yard in good condition, with the seals intact, and that a few hours later it was discovered that the seals of the car had been broken and that some of the packages of merchandise had been opened. No detailed examination was made at that time for the purpose of ascertaining what goods had been taken, but new seals were put on the cars and they were permitted to continue, in the regular course of transportation to a freight station where the cars were opened and examined by those having authority to do so, and it was found that the goods had been stolen.</p> <p>Under such circumstances, it was entirely competent for the Commonwealth to produce evidence that an examination of the contents of the cars, immediately after their arrival at their ultimate destination with the new seals intact, disclosed that a large quantity of goods, including goods specified in the indictment, had been taken from the cars during the course of transportation.</p> <p>It was also competent for the Commonwealth to produce evidence that the goods, charged in the indictment to have been stolen, were shortly thereafter found in the possession of the defendants or some of them. It was also competent for the Commonwealth to prove that other goods, stolen at or about the same time and from the same cars, were found in the possession of defendants.</p> <p>This evidence did not tend to estab