Harrison v. Commonwealth
Supreme Court of Pennsylvania
ERROR, ETC., TO THE COURT OE QUARTER SESSIONS OE ALLEGHENY COUNTY. Nos. 162, 163 October Term 1888, Sup. Ct.; court below, No. 244 June Term 1888, Q. S. On June 7, 1888, an information was made before an aider-man of Pittsburgh, charging James M. Harrison with haying unlawfully, wilfully and knowingly received into his -possession one lot of lightning rods, stolen from the Third Presbyterian Church, well knowing said lightning rods to have been stolen.
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ERROR, ETC., TO THE COURT OE QUARTER SESSIONS OE ALLEGHENY COUNTY. Nos. 162, 163 October Term 1888, Sup. Ct.; court below, No. 244 June Term 1888, Q. S. On June 7, 1888, an information was made before an aider-man of Pittsburgh, charging James M. Harrison with haying unlawfully, wilfully and knowingly received into his -possession one lot of lightning rods, stolen from the Third Presbyterian Church, well knowing said lightning rods to have been stolen. The proceedings having been returned to the Court of Quarter Sessions, an indictment was found a true bill by the grand jury, the first count…
1Opinion of the Court
*515Opinion,
Mr. Justice Paxson :
It would have been better had the learned judge below arrested the judgment on the second count of the first indictment. The jury acquitted the defendant on the first count, and as the second count did not charge an indictable offence, no judgment could have been entered thereon. Instead o£ arresting the judgment the court granted a new trial, and a new indictment having been found by the grand jury, charging defendant with buying scrap copper from minors, he was convicted.
We do not see, however, how the action of the court in not arresting the judgment has…
2Cases cited1 opinion
- McCullough v. CommonwealthSupreme Court of Pennsylvania · 1871
3Cited by12 opinions
- Commonwealth v. GrossSuperior Court of Pennsylvania · 1952
- Commonwealth v. MontrossSuperior Court of Pennsylvania · 1898
- Commonwealth v. DietrichSuperior Court of Pennsylvania · 1898
- United States v. WetmoreDistrict Court, W.D. Pennsylvania · 1914
- Commonwealth v. SmithSuperior Court of Pennsylvania · 1897
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