Superior Court of Pennsylvania, 1933

Commonwealth v. Miller

Commonwealth v. Miller
Superior Court of Pennsylvania · Decided October 16, 1933 · Baldrige, Cunningham, James, Keller, Parker, Stadtfeud, Trexler
170 A. 694; 111 Pa. Super. 459; 1934 Pa. Super. LEXIS 348

Commonwealth v. Miller

Opinion of the Court

Opinion by

James, J.,

The defendant was indicted on September 20, 1932 for having on the 22nd day of September, 1928 • and the 28th day of September, 1928- aided and abetted one Alexander D. Robinson, vice-president and treasurer of the Northwestern Trust Company, in the embezzlement, abstraction and wilful misapplication of certain funds of the Northwestern Trust Company. Defendant was not an officer, director, receiver, superintendent, manager, broker, attorney, agent, employee, or member of said banking institution. Defendant moved to quash and the motion was sustained, from which order an appeal was taken by the Commonwealth.

The, same question raised in this appeal is involved in the appeal of Commonwealth of Pennsylvania, Appellant, v. Russell H. Foster, No. 356, October Term, 1933, 111 Pa. Superior Ct. 451, in which an opinion *461 has this day been filed sustaining the action of the court below in quashing the indictment. For the reasons therein set forth the judgment is affirmed.

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