Commonwealth v. MacDonald

Citations

• 74 Pa. Super. 357
• 1920 Pa. Super. LEXIS 154

Syllabus

<p>Criminal law — Fraudulent conversion — Agency—Indictments— Act of March'S1,1860, P. L. 882 — Act of May 18,1917, P. L. 241.</p> <p>Where a defendant is tried before the same jury upon two separate bills of indictment involving the same transaction, the first, under the Act of March 31, 1860, P. L. 382, for converting and appropriating money of a corporation to his own use while acting as agent, and the second containing two counts, the first of which includes the allegation of agency, and the second, under the Act of May 18, 1917, P. L. 241, merely charging fraudulent conversion ; and a general verdict of guilty on both counts is rendered, the conviction will he sustained. The court having imposed hut one sentence applicable to both indictments, the judgment must he affirmed, if the conviction upon either of the indictments was free from error.</p> <p>Under such circumstances, it was not necessary to determine whether the evidence was such as to constitute the defendant technically the agent of the corporation, within the meaning of the Act of 1860, where there was sufficient evidence to warrant the conviction of the defendant upon the second count of the indictment of the offense defined by the Act of May 18,1917, P. L. 224. Under the latter count it was sufficient to show that the defendant received the money for the purpose of procuring a conveyance to the corporation, and that he fraudulently withheld and applied the same to and for his own use and benefit.</p>