Commonwealth v. Smith
Supreme Court of Pennsylvania
Petition, miscellaneous docket No. 1, No. 302, by Peter E. Smith, and thereupon rule allowed to show cause why a writ of certiorari should not be granted to bring into this Court the indictments and proceedings thereon, now pending in the court of quarter sessions of the peace, for the county of Philadelphia, to March term, Nos. 355 and 356. The petition of Peter E. Smith, filed in this Court, was as follows: He is under two indictments .in the court of quarter sessions of…
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Petition, miscellaneous docket No. 1, No. 302, by Peter E. Smith, and thereupon rule allowed to show cause why a writ of certiorari should not be granted to bring into this Court the indictments and proceedings thereon, now pending in the court of quarter sessions of the peace, for the county of Philadelphia, to March term, Nos. 355 and 356. The petition of Peter E. Smith, filed in this Court, was as follows: He is under two indictments .in the court of quarter sessions of the peace of Philadelphia county. One of these indictments is to March term, 1898, No. 355, sur charge of bribery. The…
1Opinion of the Court
Opinion bv
Mb. Justice Mitchell,
The authority of this Court to remove causes by certiorari from the courts of oyer and terminer or quarter sessions is not now open to question. It was held in Com. v. Balph, 111 Pa. 365, that the power which had existed for a century and a half before 1874 was not taken away by the constitution of that date. That case was followed in Com. v. Delamater, 145 Pa. *566210 where it was said, by a unanimous ■ court that the question was settled.
It is suggested by the learned district attorney that the remedy by application for change of venue under the Act of March…
2Cases cited3 opinions
- Commonwealth v. BalphSupreme Court of Pennsylvania · 1886
- Commonwealth v. DelamaterCrawford County Court of Quarter Sessions · 1891
- Conner v. CommonwealthSupreme Court of Pennsylvania · 1810
3Cited by24 opinions
- Carpentertown Coal & Coke Co. v. LairdSupreme Court of Pennsylvania · 1948
- Smith v. GallagherSupreme Court of Pennsylvania · 1962
- Bauman Election Contest CaseSupreme Court of Pennsylvania · 1944
- Duquesne City v. FinckeSupreme Court of Pennsylvania · 1920
- In re QuaySupreme Court of Pennsylvania · 1899
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