72 Pa. Super. 479 | Pa. Super. Ct. | 1919
Opinion by
The assignments of error in this appeal raise two questions : (1) Is the provision in Section 9 of the Act of June 12,1913, P. L. 481, entitled “An Act relating to inns and hotels; regulating certain rights and liabilities of hotel-keepers and innkeepers; and providing penalties for fraud against innkeepers and hotelkeepers,” that proof that the person refused or neglected to pay for such food, lodging or other accommodation on demand, or that he surreptitiously removed or attempted to remove his baggage, etc., shall be prima facie proof of the fraudulent intent mentioned in section 8 of the act, unconstitutional? (2) Was the charge of the court below erroneous ?
The word, proof, as used in Section 9 of the Act of 1913, is equivalent to evidence; it does not here have reference to the degree or quantity of the evidence, such as to amount to a demonstration or to produce conviction; it is used in the more common, though less accurate, meaning of evidence before a court or* jury in a judicial way: 32 Cyc. 636. The offense described in the eighth section is the obtaining of food, lodging or other accommodation at a hotel, inn, etc.y with intent to defraud the owner or keeper thereof, and as a man’s intent is hidden in his own mind, and can only be judged by acts indicative of the sítate of his mind, it Avas entirely proper for the legislature to declare that proof, i. e. evidence, of certain things should be prima facie evidence of an intent to defraud; they have occurred so often in connection with frauds under similar circumstances that the legislature was justified in saying they were evidence of fraudulent intent. The pamphlet laws contain many acts having a similar provision with reference to offenses based on the fraudulent or malicious or unlawful intent of the party charged: Act of March 18,1875, P. L. 33, relating to the carrying of concealed deadly weapons; Act of May 8, 1909, P. L. 466, relating to the possession of firearms by unnaturalized foreigners; Act of March 31, 1860, P. L. 382, Sec. 55, relating to gambling; and various acts for
(2) We are not satisfied, however, that the charge of the court below properly and satisfactorily presented the issue being tried to the jury. The defendant was charged with having obtained food, lodging and other accommodations at a certain hotel with intent to defraud the owner and keeper thereof. The proof (evidence) that he had neglected or refused to pay for such accommodation on demand and had surreptitiously removed certain articles of luggage and pawned the same, was prima facie
It is, of course, unfair to a trial judge to select a single sentence or clause from the body of his charge, and sever it from its context and undertake to construe it by itself, without regard to what he may have said in the same connection or in other parts of the charge: Menhennet v. Davis, 71 Pa. Superior Ct. 260. We have not done this. The whole charge seems to be pervaded with the same thought, viz: That if the jury believed (beyond a reasonable doubt, it is true, was said later on,) that the defendant refused on demand to pay for the accommodations furnished him, they should convict; whereas, such refusal was only prima facie evidence of fraudulent intent, and the jury must, in order to convict, believe from all the evidence, and beyond a reasonable doubt, that the
The fifth, sixth and seventh assignments are sustained, the judgment is reversed, and a venire facias de novo is awarded.