Tuesday, April 24, 2012

Commonwealth v. Tluchak case brief

Commonwealth v. Tluchak
Superior Court of Pennsylvania (1950)

FACTS-The Ds, husband and wife, were charged and convicted with larceny. 
-The Ds made a contract with some people to sell their farmhouse and the articles in this farmhouse. When the people moved into the farmhouse, they noticed that some of the articles were missing. Ds now appeal the conviction

ISSUE
"Are sellers who refuse or fail to deliver goods sold to their purchasers guilty of larceny?"

HOLDING
No

ANALYSIS
-Court ruled that larceny requires 'criminal tresspass' and the Ds can not be found guilty of this because they legally had the possession of the property before they sold it to the purchasers.
-Court ruled that the Ds can be found guilty of "fraudulent conversion" but they can not be found guilty of larceny since they had legal possession of the property.
-The conviction was reversed.

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