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Opinion Digests

Criminal (309142) (access required)

Larceny By False Pretenses Upon rehearing en banc, the court holds that the evidence does not establish beyond a reasonable doubt that the alleged false pretenses induced the owner to part with his property; to the contrary, the alleged victim ...

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Criminal – Forgery – Prejudice (access required)

Where defendant conceded forging another’s name on a financial statement in jail with the intent to defraud, the commonwealth was not required to prove beyond a reasonable doubt that this forgery prejudiced another’s rights; and the conviction for forgery is ...

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Criminal (309174) (access required)

Sentencing The decision of the trial court is affirmed because the record fails to show that the trial judge abused his discretion in sentencing defendant to life in the penitentiary; this issue is one which must be determined by the ...

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Insurance – UM Coverage – Drunken Pedestrian Lying On Highway (access required)

Where plaintiff was injured when she swerved to avoid a pedestrian who was under the influence of alcohol and was lying drunk in the highway, her damages are not covered by her own policy’s uninsured motorist provisions. The insured argues ...

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Tort – Conversion – Removal Of HVAC Equipment – Statute Of Limitations (access required)

Although plaintiff sued a contractor for conversion more than two years after the contractor removed heating and air conditioning he had previously installed and on which plaintiff allegedly had an outstanding contract balance, the plaintiff’s claim for conversion is not ...

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Tort – Trespass – Nuisance – Pollutants From Firing Range (access required)

Where plaintiff golf center alleges that defendant small-arms range has committed a trespass by allowing the emission of lead fumes, lead dust, gas, unexploded gunpowder and other pollutants to contaminate plaintiffs’ premises and interfere with the use of their property, ...

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Criminal – Defendant's Physical & Mental Condition – Fraudulent Loans – False Statements – Exculpatory No (access required)

Although defendant, who had been charged with bank and income tax fraud, claimed that his emotional depression and heart condition prevented him from assisting in his defense and from standing trial, the trial court did not abuse its discretion in ...

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