Commonwealth v. Roberts

Admitting that the answer ofthe defendants was technically defective, and that the objection of the Commonwealth to some of the evidence offered, should have been sustained, still the question arises whether, upon the whole record, any substantial injustice has been done the Commonwealth by the judgment appealed from.

The recognizance appears to have been entered into in October, 1860, and filed in the clerk’s office in' December, 1860. From that day to this, so far as the record shows, no indictment has ever been found against Roberts, nor any other step taken towards the prosecution of the…