COMMONWEALTH V. TLUCHAK
166 Pa. Super. 16, 70 A.2d 657 (1950)
NATURE OF THE CASE: Tluchak (D) sought separate review from their convictions of larceny
in the Court of Quarter Sessions of Crawford County, Pennsylvania, Sept. Sessions, 1947.
FACTS: The Tluchak's (D) agreed to sell their farm to the prosecutor and his wife. The
agreement did not include personal property but did cover all buildings, plumbing, heating,
lighting fixtures, screens, storm sash, shades, blinds, awnings, shrubbery and plants. The
purchasers took possession and found that certain items were missing at the time the
agreement was executed; a commode which had never been attached and lay on the back porch in
a shipping crate, an unattached washstand, a hay carriage, an electric stove cord, and 30 to
35 peach trees. These items were the subject of the larceny. P contended that the articles
which were not covered by the written contract had been sold by an oral agreement between
the parties. Ds denied the oral agreement; denied the sale of the personal property; denied
taking the trees; admitted they took the hay carriage; and as to all the articles which they
took they contended that they were taken under a claim of right and therefore not
feloniously. The jury found Ds guilty.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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