Commonwealth v. Wilson

Citations

• 76 Pa. Super. 147
• 1921 Pa. Super. LEXIS 103

Syllabus

<p>Criminal law — Larceny by bailee — Evidence—Sufficiency.</p> <p>On the trial of an indictment for larceny by bailee, it appeared that the prosecutors bad pawned valuable jewelry, to secure small loans, with the defendant, on his verbal promise that the loans should run for six months, instead of one month as stipulated in the pawn tickets. At the expiration of the month the defendant-sold the jewelry for approximately its value and retained the proceeds.</p> <p>Under such circumstances the defendant was not entitled to binding instructions, and a verdict of guilty will be sustained.</p> <p>Criminal procedure — Charge of court — Review of testimony.</p> <p>In the review of testimony in the charge of the court it is not possible, or even desirable, that the trial judge should refer to and emphasize every item of evidence on both sides in a way which the counsel might consider adequate; nor is he required to go over all the evidence on every particular point every time he refers to it in the course of his charge. The extent to which the trial judge ought to go in reviewing, analyzing and commenting on testimony depends very largely upon the circumstances and nature of the case and, to some extent, on the line of argument pursued by counsel in addressing the jury.</p>