Commonwealth v. Donnelly

Citations

• 40 Pa. Super. 116
• 1909 Pa. Super. LEXIS 577

Syllabus

<p>Criminal law — Conspiracy—Corporations—Illegal dividends — Statute of limitations.</p> <p>1. The officers of a corporation may be convicted of conspiracy to declare illegal dividends, where it appears that during the period of the payment of such dividends, the expenses of the corporation were more than double the dividends paid, and that the total receipts from sales were less than the dividends, and that the latter were paid out of the sales of the stock of the company. Where the commonwealth alleges a continuing conspiracy, evidence of acts which might otherwise be barred by the statute of limitations is admissible as tending to show the scheme and plan of the alleged conspirators.</p> <p>2. A conspiracy formed by certain persons may be considered as adopted by others who come into the transaction at a later stage of the performance.</p> <p>3. On the trial of a conspiracy of the officers of two corporations to create a lease of the lands of one of the corporations to the other corporation at an exorbitant and excessive rate to the injury of the stockholders of the second corporation, a deed of the lands to the lessor company is admissible in evidence to show the value of the property. In such a case the consideration named in the deed is prima facie evidence of value, and in the absence of testimony showing the contrary, it may be presumed to represent the value of the property.</p> <p>Practice, C. P. — Trial—Evidence—Failure to follow up offer — Motion to strike out.</p> <p>4. Where in a criminal trial evidence is admitted upon condition that the commonwealth follows it up with certain other evidence, and the commonwealth fails to make good its offer, it is the duty of the defendant to move the court to strike out the evidence admitted, and withdraw it from the consideration of the jury. Where such a motion is not made, the objection to the testimony will be considered as waived.</p> <p>Criminal law — Conspiracy—Declarations—Coconspirators.</p> <p>5. To make