46 Pa. Super. 26 | Pa. Super. Ct. | 1911
Opinion by
The defendant instituted a criminal prosecution against the plaintiff for larceny charging him with having stolen a quantity of straw. At the trial in the quarter sessions the presiding judge instructed the jury that they should acquit the defendant and a verdict of not guilty was accordingly rendered. This action was brought to recover
Objection is made to the judgment on the ground that the formalities required by the act of April 22, 1905, P. L. 286, as preliminary thereto were not observed but as the case is reversed for another reason it is not necessary to consider this exception.
The judgment is reversed and the record remitted to the court below to enter judgment in accordance with this opinion.