Commonwealth v. Kaufman

Citations

• 9 Pa. Super. 310
• 1899 Pa. Super. LEXIS 28

Syllabus

<p>Indictment — Preferment by order of court.</p> <p>An indictment may be preferred in pursuance of an order of court made upon petition of the district attorney and private counsel'of the prosecutor and without notice to the defendant.</p> <p>Criminal law — Acts of 1860 and 1863 — Guardian as trustee.</p> <p>The word “ trustee ” as employed in section 113 of the crimes Act of March 31, 1860, P. L. 382, is made by the Act of April 22,1863, P. L. 631, to embrace a guardian.</p> <p>Fraudulent intent — Conversion of funds by guardian — Evidence.</p> <p>Conversion by a guardian of a trust fund to other use than that of the cestui que trust is prima facie fraudulent and the guardian’s failure to pay on settlement of his account is evidence of conversion. It matters not when the fraudulent intent was conceived; as cumulative evidence of intent it is competent for the commonwealth to show a fraudulent purpose in the assumption of the trust.</p>