Commonwealth v. Corcoran

Citations

• 78 Pa. Super. 430
• 1922 Pa. Super. LEXIS 132

Syllabus

<p>Criminal law — Charge of the court — Question on appeal.</p> <p>On an appeal from the conviction of defendants, indicted for conspiracy to steal automobiles, where a part of the charge of the court is assigned as error, the charge must be considered as a whole, and not by portions taken from the context.</p> <p>The Superior Court will not sustain an assignment of error directed against a part of the charge of the court, where the whole effect of the charge is correct, and resulted in submission of the entire case to the jury in a proper manner.</p> <p>Criminal law — Merger of crimes — Conspiracy to steal — Larceny —Twice in jeopardy.</p> <p>Conspiracy to steal is a distinct offense, which is not merged in the crime of larceny, if the evidence presents a case of larceny.</p> <p>Defendants, tried upon an indictment charging a conspiracy to steal automobiles, are not entitled to have a verdict in their favor, on the ground that the evidence showed them to have been guilty of larceny, and that conviction for the conspiracy might subject them to being put in jeopardy again for the same offense.</p>