Commonwealth v. Volquarts

Citations

• 36 Pa. Super. 199
• 1908 Pa. Super. LEXIS 135

Syllabus

<p>Appeals — Assignments of error — Instructions—Charge.</p> <p>An assignment of error relating to the admission of evidence will not be considered, where the evidence is not given in connection with the assignment, nor any reference given as to where it may be found.</p> <p>A single assignment of error complaining of the action of the court in refusing to affirm two separate and distinct points, is in flat violation of the rules and will not be considered.</p> <p>An assignment of error to an answer to a point will not be considered where the answer is not set forth in the assignment.</p> <p>An assignment of error is in proper form which reads: “The charge of the court is inadequate in failing to define to the jury the nature and character of the crime charged in the indictment, and the proofs required for sustaining the same.”</p> <p>Criminal law — Conspiracy—Evidence—Construction.</p> <p>On the trial of an indictment for conspiring to cheat and defraud the prosecutor out of the ownership and possession of certain stock, where there is evidence that the prosecutor recognized the right of the defendants to the stock, settled with them and took their money, it is reversible error for the trial judge to say to the jury that it was not for the jury to consider whether the defendants had a right to retain the stocks, because that was a question for the civil courts.</p>