Commonwealth v. Tryon

Citations

• 31 Pa. Super. 146
• 1906 Pa. Super. LEXIS 173

Syllabus

<p>Criminal law — Banks and banking — Receiving deposits when insolvent— Charge.</p> <p>On the trial of an indictment against a banker for accepting a deposit when insolvent, the prisoner cannot complain that the trial judge failed to give due prominence to the question of the prisoner’s knowledge of the insolvency, where the court in the course of its charge said: “If he did not have such knowledge, if he believed honestly, as a prudent man in his position would, that he had sufficient assets to be converted into cash that would meet his obligations, then he would not be guilty of the offense charged. This is a question of fact for you from the testimony in the case. ”</p> <p>On the trial of such an indictment it is proper to permit the commonwealth to show that the defendant was engaged in a mercantile business, and that as soon as any money was received in this business, he hastened to transfer it to the bank in order to meet incoming checks.</p> <p>Trial — Objection to evidence — Practice, C. P.</p> <p>A trial court ought not to be convicted of error for doing or not doing that to which no objection was made at the time, and no request subse- . quently to rectify.</p> <p>Evidence — Witness—Expert—Land value.-</p> <p>A witness is not qualified as an expert as to the value of real estate in a borough where his only knowledge is based on information which he had received as to the rental of the real estate in question, without any knowledge as to the condition of the property, or as to its need of repair, and without anything to show that his information as to rental was correct.</p> <p>The books of assessment of a borough are not evidence to fix values of real estate in the borough.</p>