Commonwealth v. Mentzer

Citations

• 162 Pa. 646
• 29 A. 720
• 1894 Pa. LEXIS 1035

Syllabus

<p>Criminal law — Indictment—Duplicity—Pleading—Embezzlement—Act 0y March 31, 1860, section 65.</p> <p>Where a statute makes two or more distinct acts connected with the *4a.infl transaction indictable, each one of which may be considered as representing phase in the same offence, the different acts may be coupled in one count. It is not regarded as duplicity thus to join successive statuphases of the same offence.</p> <p>The four acts specified in the act of March.31, 1860, § 65, relating to embezzlement by public officers, may be four distinct and separate offences, or they may be so entirely parts of the same transaction that they combine to make but one. Into which category they fall must depend on the facts of each case, and therefore must raise a question for the jury. That being so there is no legal difficulty in joining two or more such acts in one count.</p>