Commonwealth v. Shoener

Citations

• 212 Pa. 527
• 61 A. 1093

Syllabus

<p>Criminal law-Public officer.s-Demand for payment of public funds-Clerk of courts.</p> <p>A clerk of courts cannot be convicted of failing to pay over public funds when legally required to do so on demand made, where it appears that he held the funds under an agreement with the county pending a judicial ~1etermination as to whether he or the county was entitled to them and that the only demand made upon him was made prior to the conclusion of the suit adversely to him in the civil court.</p> <p>In the civil courts constructive demands may be and are recognized, but not so in a criminal court in the prosecution for an offense having as one of its statutory ingredients a refusal to pay on demand. A demand there means actual demand.</p>