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Commonwealth, Appellant v. Bardolph.

Criminal law — False entries by officer of trust company — intent — Correctness of entries — Elements of offense — Act of April 23, 1909, P. L. 169, as amended April 16, 1929, P. L. 524.

1. Under the Act of April 23, 1909, P. L. 169, as amended by the Act of April 16, 1929, P. L. 524, which makes it a misdemeanor for any officer of a trust company to make a false entry with intent to injure or defraud, the Commonwealth must prove (1) a false entry; (2) an intent to injure or defraud. [581]

2. Under such act the offense is not committed by making entries which correctly record actual transactions, although the transactions may have been unauthorized, or even fraudulent. [581]

Criminal law — Evidence — Sufficiency — Consistency with innocence of accused.

3. A conviction will not be sustained where the evidence of the Commonwealth is not inconsistent with the defendant's innocence. [579-84]

Argued March 23, 1934.

PER CURIAM, April 23, 1934:

The judgment of the Superior Court is affirmed on the opinion of BALDRIGE, J.

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COM. v. BARDOLPH
(Apr 23, 1934)