Commonwealth v. Dehle

Citations

• 42 Pa. Super. 300
• 1910 Pa. Super. LEXIS 329

Syllabus

<p>Appeals — Assignments of error — Points—Practice (Superior Court).</p> <p>1. An assignment of error to the answer of a point violates rule 15, where the assignment quotes neither the point nor the answer.</p> <p>2. Assignments of error violate rule 14, if they embrace more than one point, refer to more than one bill of exceptions, and raise more than one distinct question.</p> <p>Criminal law — Larceny—False pretenses — Possession—Right to Property — Money.</p> <p>3. If by any trick or artifice, the owner of property is induced to part with the possession only, still meaning to retain the right of property, the taking by such means will amount to larceny; but if the owner part with, not only the possession of the goods but the right of property in them also, the offense of the party obtaining them will not be larceny, but the offense of obtaining goods by false pretenses.</p> <p>4. A conviction for larceny will be sustained, where the evidence shows that the prisoner after meeting by chance the prosecutor, an ignorant foreigner, pretended to find a fifty dollar bill, which was in fact a Confederate bill and worthless, that he offered to divide the find with the prosecutor, and that the prosecutor being ignorant of the character of the bill, gave to the prisoner twenty-five dollars in current money, and took the Confederate bill in exchange for his share.</p>