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COMMONWEALTH v. KAUFFMAN (09/16/59)

September 16, 1959

COMMONWEALTH
v.
KAUFFMAN, APPELLANT.



Appeals, Nos. 265 to 269, inclusive, from judgment of Municipal Court of Philadelphia County, April T., 1957, Nos. 6 to 10, inclusive, in case of Commonwealth of Pennsylvania v. Joseph Kauffman. Judgment of sentence and convictions reversed.

COUNSEL

Irving R. Shull, for appellant.

Juanita Kidd Stout, Assistant District Attorney, with her Victor H. Blanc, District Attorney, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, and Watkins, JJ. (hirt and Gunther, JJ., absent).

Author: Rhodes

[ 190 Pa. Super. Page 446]

OPINION BY RHODES, P.J.

The defendant, Joseph Kauffman, was tried in the Municipal Court of Philadelphia and convicted upon five bills of indictment each charging him with embezzlement and fraudulent conversion. The indictments were tried together by a judge sitting without a jury. On one of the indictments, No. 6, April Sessions, 1957, defendant was sentenced to a term of not less than two years nor more than four years in the Eastern State Penitentiary, his motions for new trial and in arrest of judgment having been refused. On the other indictments,

[ 190 Pa. Super. Page 447]

Nos. 7, 8, 9, and 10, April Sessions, 1957, sentence was suspended. Defendant appealed to this Court.

Defendant asks that he be discharged or that he be granted a new trial, and contends: (1) That the indictments were barred by the statute of limitations, (2) that the Commonwealth did not establish his guilt beyond a reasonable doubt, and (3) that the trial judge oversimplified the issues in the case and denied him the opportunity to adequately present his defense.

The charges against defendant arose out of his employment. The private prosecutor, M. Jennings and Sons Company, a corporation, engaged defendant as a manager and superintendent of sales from December, 1953, until October, 1954. The company conducts a fuel, heating equipment, and home improvement business in Philadelphia. In the course of his employment, defendant collected certain sums from customers which admittedly were not paid over to the company. The five indictments represent four customer transactions.*fn1

[ 190 Pa. Super. Page 448]

In one of the transactions defendant paid part of the funds received from the customer to the company in cash, and the balance by a check which failed to clear his bank by reason of insufficient funds. In three instances involving two customer transactions, defendant paid part of the funds to the company in cash, part by checks which were returned because of insufficient funds, retaining or suing the balance. In one ...


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