Commonwealth v. Karpowski

Supreme Court of Pennsylvania
Commonwealth v. Karpowski, 167 Pa. 225 (Pa. 1895)
31 A. 572; 1895 Pa. LEXIS 882
Dean, Fell, Green, Mitchell, Pee, Sterrett

Commonwealth v. Karpowski

Opinion of the Court

Pee Curiam,

In his opinion disposing of the motion in arrest of judgment, etc., the learned trial judge has satisfactorily shown that the averment of jurisdiction in the indictment was fully sustained by the evidence; and that the conviction of the defendant in manner and form as indicted should be sustained.

We affirm the judgment on his opinion; and it is ordered that the record be remitted to the court below.

Reference

Full Case Name
Commonwealth v. Andrew Karpowski
Cited By
18 cases
Status
Published
Syllabus
Criminal law — False pretenses — Jurisdiction. Where a purchaser of goods living in a different county from the vendor makes false representations to the vendor’s agent upon the strength of which the goods are sold, and the vendor delivers the goods in the county where he resides to a common carrier, addressed to the purchaser, a conviction for false pretenses may be had in the county where the vendor resides. Criminal law — False pretenses — Indictment—Variance between indictment and proof. Where an indictment for false pretenses charges that the defendant represented that he had money in the “ Merchants’ National Bank of Shenandoah,” and the proof of the commonwealth was that he stated that he had it in the “ Merchants’ Bank of Shenandoah,” there is no such variance between the indictment and the proof as will defeat a verdict of guilty. In such a case where the indictment charges that the defendant stated that he had more than three hundred dollars in bank, while the testimony was that defendant stated that he had money enough, and more than money enough to pay the bill that was past due, and which was in amount about three hundred dollars, the variance is not sufficient to defeat the verdict.