Commonwealth v. Quiggle

Citations

• 19 Pa. Super. 343
• 1902 Pa. Super. LEXIS 99

Syllabus

<p>Criminal law — Unlawful cutting of limber — Evidence.</p> <p>On ihe trial of an indictment for the illegal cutting of timber, under the Act of March 29, 1824, P. L. 152, where the case turns upon the position of a boundary line, it is proper to admit testimony that two surveyors, by direction of the owners of two adjoining tracts of land some years prior to the trial, distinctly marked upon the ground the line between the tracts, with regard to the location of which there had previously been litigation, and that the parties had thereafter recognized the line so marked, as the limit of their respective possessions.</p> <p>. On the trial of an indictment for the illegal cutting of timber on the land of another, where the fact is undisputed that the land belonged to a coal company, and the testimony of the prisoner to the effect that he had been misinformed as to the boundary lines by his own vendor, is directly contradicted by the latter, the question whether the prisoner cut the timber under a bona fide claim of right, is a question of fact for the jury. ■</p>