Commonwealth v. Wilcox

Citations

• 56 Pa. Super. 244
• 1914 Pa. Super. LEXIS 73

Syllabus

<p>Criminal law — Conspiracy—Statute of limitations — Act of March SI, I860, P. L. 427.</p> <p>1. Where two persons are indicted for conspiracy, and it appears that at the time the conspiracy originated in Pennsylvania both were citizens and residents of the state of New York, and that neither of them were ever citizens of Pennsylvania, nor maintained a residence here, nor were ever inhabitants of this state, such persons are not entitled to the protection of the two years’ limitation provided by see. 77 of the Criminal Procedure Act, but are within the proviso of the same section which enacts that the protection of the limitation shall not be extended to anyone who during the period of two years following the commission of the offense “ shall not have been an inhabitant of this state, or usual resident therein.”</p> <p>2. The provision of sec. 77 of the Act of March 31, 1860, P. L. 427, was not intended to discriminate and does not discriminate between citizens of a foreign state, and citizens of Pennsylvania.</p> <p>Criminal law — Conspiracy—Publication of false statement as to bank — ■ Banks and banking.</p> <p>3. A conviction of two persons for conspiracy to cheat and defraud the depositors of a bank will be sustained, where it appears that the defendants organized and were the owners of the bank in question, that they had inserted an advertisement over their own name in a newspaper to the effect that the capital of the bank was $25,000, when in fact it was only $10,000; that the advertisement was paid for by the bank, and that it was kept standing in the newspaper until shortly before the bank closed its doors, when it was withdrawn by direction of one of the defendants.</p>