Legal Opinion

Commonwealth v. Hegedus

Superior Court of Pennsylvania

Decided October 10, 1910No. Appeal, No. 28PublishedCited by 9 opinions

Appeal, No. 28, March T., 1910, by plaintiff, from order of Q. S. Lackawanna Co., Oct. T., 1909, No. 278, quashing indictment in case of Com. v. Mike Hegedus. Indictment for assault and battery. Demurrer to motion to quash indictment. Before Newcomb, J. The case turned on whether the district attorney had the right to have his official stenographer with him before the grand jury for the hearing of testimony for the purpose of talcing notes of the evidence of the witnesses.

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Appeal, No. 28, March T., 1910, by plaintiff, from order of Q. S. Lackawanna Co., Oct. T., 1909, No. 278, quashing indictment in case of Com. v. Mike Hegedus. Indictment for assault and battery. Demurrer to motion to quash indictment. Before Newcomb, J. The case turned on whether the district attorney had the right to have his official stenographer with him before the grand jury for the hearing of testimony for the purpose of talcing notes of the evidence of the witnesses. The court in an opinion by Newcomb, J., relying on Com. v. Kositchy, 17 Pa. Dist. Rep. 778, quashed the indictment. Error…

1Opinion of the Court

Opinion by

Rice, P. J.,

The Act of April 27, 1909, P. L. 258, provides that the district attorney of any county which shall have less than 250,000 and more than 110,000 inhabitants may employ a stenographer “as an assistant in his office” at a salary not to exceed the sum of $1,200 per year, to be paid in the same manner as the salaries of other county officers are paid. Lackawanna county belongs to this class of counties, and the question for decision is whether *159the fact that the stenographer employed by the district attorney under this act attended before the grand jury and took stenographic…

2Cases cited16 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Commonwealth v. McHaleSupreme Court of Pennsylvania · 1881
  3. Commonwealth v. BradneySupreme Court of Pennsylvania · 1889
  4. State v. BatesIndiana Supreme Court · 1897
  5. Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Commonwealth v. BrownmillerSuperior Court of Pennsylvania · 1940
  2. Commonwealth v. HershmanSuperior Court of Pennsylvania · 1952
  3. Commonwealth v. LevinsonSupreme Court of Pennsylvania · 1978
  4. Commonwealth v. CarlucciSuperior Court of Pennsylvania · 1911
  5. Commonwealth v. GarlettsSuperior Court of Pennsylvania · 1923

4 more not listed; retrieve them via the Exa API.

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