Commonwealth v. Keuhne

Citations

• 42 Pa. Super. 361
• 1910 Pa. Super. LEXIS 335

Syllabus

<p>Criminal law — Embezzlement—Corporations—Act of June 12, 1878, P. L. 196.</p> <p>1. The Act of June 12, 1878, P. L. 196, providing for the punishment of embezzlement by any officer or employee “of any bank or other body corporate, or public company, municipal or quasi municipal corporation,” applies not only to banks and public corporations, but also to private corporations organized under Act of April 29, 1874, P. L. 73, and its amendments.</p> <p>Criminal law — Statute of limitations — Embezzlement—Acts of March 31, 1860, sec. 107, P. L. 382 and June 12, 1878, P. L. 196.</p> <p>2. Where an indictment charges embezzlement in the exact language of sec. 107 of the Act of March 31, 1860, P. L. 382, the offense charged is a felony, and the period of limitations against its prosecution is fixed by sec. 77 of the Act of March 31, 1860, P. L. 427, as two years next after the felony was committed. The limitation of four years as provided by the Act of June 12, 1878, P. L. 196 does not apply to such an indictment.</p> <p>3. The fact that an indictment charges the crime substantially in the language of one statute is sufficient to warrant the trial and sustain a conviction for the offense created by that statute, but it will not warrant a trial for and conviction of an entirely different offense created by some other statute.</p>