Commonwealth v. Spencer

Citations

• 6 Pa. Super. 256
• 1898 Pa. Super. LEXIS 144

Syllabus

<p>Criminal law — Conspiracy—Jurisdiction.</p> <p>Conspiracy is a matter of inference deducible from the acts of the parties accused, done in pursuance of an apparent criminal purpose, in common between them, and which rarely are confined to one place and if the parties are linked in one community of design and of interest there can be no good reason why both may not be tried where any distinct overt act is committed; for he who procures another to commit a misdemeanor is guilty of the fact, in whatever place it is committed by the procuree.</p> <p>Conspiracy — Evidence of general motives.</p> <p>In order properly to comprehend the nature and circumstauees of a particular conspiracy, charged in an indictment, evidence as to the motives and conduct of the alleged conspirators in promoting a conspiracy of the same kind to defraud the public generally, is properly admissible.</p> <p>Practice, Superior Court — Evidence admitted without objection.</p> <p>Where evidence is offered and admitted without objection in the court below it is improper to assign such admission for error.</p> <p>Practice, Superior Court — Defective assignment of error.</p> <p>An assignment of error as to admission of evidence is defective under Rule 17 which neither quotes the full substance of the bill of exceptions nor copies the bill in immediate connection with the assignment.</p> <p>Practice, Superior Court — Review—Refusal to grant new trial — Lacle of exceptions.</p> <p>Errors to the refusal of the court below to grant a new trial will not be considered when no exception was taken to this action of the court.</p> <p>A new trial is properly refused whore on the motion therefor the evidence adduced upon the trial is not shown to be incorrect in any material matter by anything subsequently made to appear.</p>