Commonwealth v. Cassell
Superior Court of Pennsylvania
Appeal, No. 12, March T. ,1896, from judgment of Q. S. Dauphin Co., June T., 1894, No. 184, on verdict in favor of defendant. Indictment for maintenance of nuisance. The case was tried before Simonton, P. J. and the facts sufficiently appear from the charge of the court, which was as follows: Gentlemen of the jury, you have heard the testimony in f.hig case.
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Appeal, No. 12, March T. ,1896, from judgment of Q. S. Dauphin Co., June T., 1894, No. 184, on verdict in favor of defendant. Indictment for maintenance of nuisance. The case was tried before Simonton, P. J. and the facts sufficiently appear from the charge of the court, which was as follows: Gentlemen of the jury, you have heard the testimony in f.hig case. It is a prosecution which has been brought here by a private party ; of course, it is in the name of the commonwealth; it is a criminal prosecution, and the allegation is that the defendant is maintaining a nuisance. It is said that he…
1Opinion of the Court
Opinión by
Orbady, J.,
This i? an appeal by the commonwealth without special allowance of the writ by the Superior Court, and it is contended by appellee that the appeal should be quashed.
It is clearly held that in cases of nuisance, forcible entry and detainer, the commonwealth, as well as the defendant, is clothed with right to except to decisions of the trial court; but that grant takes away no power, as respects other cases. Since the. act of 1860 it has been decided that the powers of this court are competent to the review of any judicial record, when no statutory restraints have been…
2Cases cited3 opinions
- Commonwealth v. WallaceSupreme Court of Pennsylvania · 1886
- Gilroy v. Commonwealth ex rel. District AttorneySupreme Court of Pennsylvania · 1884
- Commonwealth v. CappSupreme Court of Pennsylvania · 1864
3Cited by3 opinions
- Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
- Commonwealth v. WeberSuperior Court of Pennsylvania · 1917
- Commonwealth v. SupansicSuperior Court of Pennsylvania · 1927