Legal Opinion

Commonwealth v. Reed

Superior Court of Pennsylvania

Decided November 2, 1916No. Appeal, No. 62PublishedCited by 5 opinions

Appeal, No. 62, April T., 1917, by plaintiff from order of O. & T. Cambria Co., June T., 1915, No. 5, entering nolle prosequi in case of Commonwealth v. James Reed, et al. Indictment for robbery and for receiving stolen goods. Before O’Connor, J. From the record it appeared that on June 13, 1916, the cause being reached for trial, the court entered a nolle prosequi on the bill of indictment upon motion of private counsel over objection of the district attorney.

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Appeal, No. 62, April T., 1917, by plaintiff from order of O. & T. Cambria Co., June T., 1915, No. 5, entering nolle prosequi in case of Commonwealth v. James Reed, et al. Indictment for robbery and for receiving stolen goods. Before O’Connor, J. From the record it appeared that on June 13, 1916, the cause being reached for trial, the court entered a nolle prosequi on the bill of indictment upon motion of private counsel over objection of the district attorney. There was no application for the motion based on affidavit. Error assigned was the order of the court entering a nolle prosequi.

1Opinion of the Court

Opinion by

Portbr, J.,

The indictment in this case contained two counts; the first charging the defendants with robbery, and the second charging receiving stolen goods. The indictment was in proper form and the record discloses no irregularity. The learned judge of the court below, notwithstanding the protest of the district attorney, entered the following order, viz: “June 13, 1916, application having been made to the district attorney to have within case nol. prossed and the same having been refused, Percy Allen Rose, private counsel for the Commonwealth, now moves the court to enter nol.…

2Cases cited2 opinions

  1. Commonwealth v. McHaleSupreme Court of Pennsylvania · 1881
  2. Berks County v. PileSupreme Court of Pennsylvania · 1852

3Cited by5 opinions

  1. Commonwealth v. KindnessSuperior Court of Pennsylvania · 1977
  2. Commonwealth Ex Rel. Thor v. Ashe, WardenSuperior Court of Pennsylvania · 1939
  3. Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1926
  4. Commonwealth v. T.J. BarnardSuperior Court of Pennsylvania · 1928
  5. Commonwealth v. KindnessSuperior Court of Pennsylvania · 1977

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