Legal Opinion

Commonwealth v. Brennan

Supreme Court of Pennsylvania

Decided November 6, 1899No. Appeal, No. 355PublishedCited by 61 opinions

Appeal, No. 355, Jan. T., 1899, by defendant, from judgment of O. & T. Schuylkill Co., June T., 1899, No. 683, on indictment for murder. Indictment for murder. Before Bechtel, J. The justice’s return was as follows: “ INFORMATION..

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Appeal, No. 355, Jan. T., 1899, by defendant, from judgment of O. & T. Schuylkill Co., June T., 1899, No. 683, on indictment for murder. Indictment for murder. Before Bechtel, J. The justice’s return was as follows: “ INFORMATION.. “ The Commonwealth of Pennsylvania, j gg “ County of Schuylkill, i “ Before me, the subscriber, one of the justices of the peace in and for the county aforesaid, personally came William Walters, chief burgess of the borough of New Philadelphia, county of Schuylkill, who being duly sworn according to law, saith: that within the said county on June 2, A. D., 1899, a…

1Opinion of the Court

Per Curiam,

The defendant was tried upon an indictment found regularly by the grand jury upon examination of witnesses after information made before a magistrate. A trial was had upon the merits and the defendant was duly convicted of murder of tbe first degree. On the trial a motion was made to quash the indictment because it was not found after an information sworn to and subscribed before the committing magistrate. While the defendant might have been heard on that subject upon a proceeding to be discharged from custody on the ground of an illegal commitment, it is certainly too late after…

2Cited by61 opinions

  1. Commonwealth v. O'BRIENSuperior Court of Pennsylvania · 1956
  2. Commonwealth v. DingmanSuperior Court of Pennsylvania · 1904
  3. Commonwealth v. KrallSupreme Court of Pennsylvania · 1973
  4. Commonwealth v. KeeganSuperior Court of Pennsylvania · 1918
  5. Commonwealth v. BRUNOSuperior Court of Pennsylvania · 1964

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