Commonwealth v. Rose

Citations

• 74 Pa. Super. 96
• 1920 Pa. Super. LEXIS 101

Syllabus

<p>Criminal law- — Larceny—Common carriers — Charge of court — ■ Adequacy.</p> <p>On the trial of an indictment for larceny of goods while in the custody of a common carrier, it is not necessary for the Commonwealth to establish at the trial that the carrier was the absolute owner of the goods. It was quite sufficient to show the property had been in the possession of the carrier for delivery to the real owner, and that possession carried with it such a qualified ownership as to discharge the burden of proof on the Commonwealth in this respect.</p> <p>A charge of the court which, considered as a whole, fairly and adequately presented the case to the jury, and which did no more than express the opinion of the trial judge as to the value of the uncontradicted evidence, produced at the trial, is without error.</p>