Rosenberger v. Commonwealth

Citations

• 118 Pa. 77

Syllabus

<p>1. An indictment found in December, 1886, charged in one count, a larceny ; in a second, the felonious receiving of stolen goods, laying the offences in April, 1883. The counts were followed by a presentment that, for three years immediately succeeding the offence, the defendant was not an inhabitant of the state or resident therein: Held, on conviction, that the pleading in respect of the statute of limitations was unobjectionable, and it was not error to refuse a motion in arrest of judgment.</p> <p>2. The indictment laid the property stolen as the property of A. and B. On the trial, the evidence showing that the property was stolen at the same time and place, it was not error to amend by laying special portions as the goods of A. and other portions as the goods of B.</p> <p>3. A prior indictment in the same court for the same offence having been lost or stolen and thus undetermined, it was not error to try the defendant upon a new indictment preferred by leave of court based upon a new information.</p>