Commonwealth v. Hubbs (No. 2)

KELLER, P.J. and RHODES and HIRT. JJ. dissented in part.

Argued May 5, 1939. This is the companion appeal referred to in the preceding opinion in Com. v. Hubbs (No. 1), 137 Pa. Super. 229, 8 A.2d 611. A recital of the procedure which resulted in the quashing of the present indictment returned at No. 650 November Sessions, 1938, of the court below, as well as the perjury indictment at No. 649 of that term, will there be found.

The indictment with which we are now concerned contains four common law counts, each reciting that the defendant, from March 10, 1937, to the date of the finding of the…