Commonwealth v. Goodelman

Citations

• 74 Pa. Super. 526
• 1920 Pa. Super. LEXIS 189

Syllabus

<p>Criminal law — La/rceny—Allegation of ownership — Indictment— Sufficiency.</p> <p>Lawful possession with a qualified property as bailee or agent is sufficient proof of ownership against a wrongdoer. In an indictment for larceny the ownership of the goods stolen may be laid either in the real owner or in the person in whose possession the property was at the time of the theft. Hence the property may be alleged to be that of one who was in possession as bailee, agent, trustee, executor or administrator.</p> <p>An averment in an indictment for larceny is Sufficient, which alleges that the ownership of certain cloth, left with a bailee to be sponged, was the property of the bailee.</p> <p>Charge of court — Exceptions—Act of May 11, 1911, P. L. 279, section 2.</p> <p>Where only a general exception is taken to the charge of the court, only basic and fundamental errors can properly be urged by appellant.</p> <p>A charge of the court, which indicates to a slight extent the judge’s opinion, but which does not encroach on the province of the jury and their right to determine the facts, is not ground for reversal.</p>