Commonwealth v. Tilly

Citations

• 33 Pa. Super. 35
• 1907 Pa. Super. LEXIS 236

Syllabus

<p>Criminal law — Public officers — Embezzlement—Guilty knowledge.</p> <p>On the trial of a public officer for wrongfully appropriating public funds for services in a particular year, it may be shown that in the previous year he had received a similar sum, but had returned a part of it before he received his compensation for the second year.</p> <p>Criminal law — Attempt to influence juror — Examination of juror during trial.</p> <p>Where during the trial of a criminal cause an alleged attempt to influence one of the jurors is brought to the attention of the court, the trial judge may interrupt the course of the trial and examine the juror, and if he is satisfied that no harm has been done, proceed with the case.</p> <p>Criminal law — Conspiracy—Evidence.</p> <p>Confederation and unlawful design are essential to the offense of conspiracy, which necessarily implies a united design for an unlawful object. It is, of course, not necessary that the commonwealth prove an express confederation. Generally this is impracticable, and the case may be made out by such evidence as satisfactorily leads to the conclusion that an unlawful combination existed, but the evidence must logically tend to such a conclusion.</p> <p>Where certain members of a school board are guilty of conspiracy, other members of the board cannot be convicted of the same offense merely because they were members of the board. It must be shown affirmatively that such members participated with the others in the criminal confederation.</p>