Commonwealth v. McClellan

Citations

• 42 Pa. Super. 504
• 1910 Pa. Super. LEXIS 367

Syllabus

<p>Criminal law — Larceny—Improper charge.</p> <p>1. On the trial of an indictment for larceny it is reversible error for the court to say in its charge that the defendant had taken advantage of a technicality when he claimed that he had not received the property into his actual possession, and this statement is repeated several times.</p> <p>2. On the trial of an indictment for larceny and for receiving stolen goods where it is charged that the defendant asked another man to steal the goods and bring them to his store, it is reversible error for the court to say to the jury that, if the-defendant and certain other merchants indicted for the same offense, had been purchasing goods of the kind in question at a low price from the person who actually stole them, they ought to be punished.</p> <p>Evidence — Reputation—Larceny.</p> <p>3. On the trial of an indictment for larceny where the defendant introduces witnesses as to his good reputation, such witnesses may be asked on cross-examination whether they had not heard that the defendant had burned his store to collect the insurance.</p> <p>Practice, Q. S. — Trial—Remark of district attorney — Record.</p> <p>4. The appellate court cannot take into consideration an alleged improper remark of the district attorney to the jury, where there is nothing on the record to show what words were used.</p>