Commonwealth v. Wilston

Citations

• 73 Pa. Super. 161
• 1919 Pa. Super. LEXIS 194

Syllabus

<p>Criminal law — Larceny—Identification of stolen property — Evidence.</p> <p>A conviction of larceny of three yearling cattle will be sustained where the evidence, although contradicted, shows that the defendants were seen driving certain cattle, corresponding in description to those stolen, shortly after the loss was discovered, along the road leading from the farm of the owner of the cattle.</p> <p>The inferences to be drawn from the testimony are for the jury, and the identity of the property stolen, like other proof in larceny cases, may be established by circumstantial evidence.</p> <p>Charge of court — Misquotation of testimony — Harmless error.</p> <p>Where a trial judge in referring to the testimony of a witness misquotes it in a material point his attention should be called to the error at once, before the jury retires. A party may not sit silent and take his chance of a verdict, and then, if it is adverse, complaiD of a matter which, if an error, could have been immediately rectified and made harmless.</p>