Commonwealth v. Kay
Superior Court of Pennsylvania
Appeal, No. 155, April T., 1900, by defendants, in suit of Commonwealth of Pennsylvania against J. C. Kay and J. B. R. Streator, from judgment of Q. S. Washington Co., Aug. Sess. 1899, No. 150, on verdict of guilty. Opinion by Rice, P. J. Indictment on two counts for embracery and conspiracy.
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Appeal, No. 155, April T., 1900, by defendants, in suit of Commonwealth of Pennsylvania against J. C. Kay and J. B. R. Streator, from judgment of Q. S. Washington Co., Aug. Sess. 1899, No. 150, on verdict of guilty. Opinion by Rice, P. J. Indictment on two counts for embracery and conspiracy. It appears from the record that üpoii petition of the district attorney founded on belief that defendants, together with one Fred Emery, had attempted to corrupt a juror empaneled to try a certain case of the Commonwealth v. Samuel Hazlett, the court ordered an investigation by the grand jury, which body…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. The defendants moved to quash the second count of the indictment because it was not in conformity with any provision of any statute relating to conspiracy. They did not contend in the court below, nor in the argument presented by their counsel in this court, that it did not charge an indictable offense. It is clear that whilst the count did not charge a statutory offense, yet, but for the words “ contrary to the form of the act of the general assembly in such case made and provided,” it was a well drawn count for a common-law offense. However it may have been at one…
2Cases cited23 opinions
- Hester v. CommonwealthSupreme Court of Pennsylvania · 1877
- Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
- Craig v. CraigSupreme Court of Pennsylvania · 1835
- Zell v. CommonwealthSupreme Court of Pennsylvania · 1880
- Clever v. HilberrySupreme Court of Pennsylvania · 1887
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Commonwealth v. PatskinSupreme Court of Pennsylvania · 1953
- Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
- Commonwealth v. WestwoodSupreme Court of Pennsylvania · 1936
- Commonwealth v. CraigSuperior Court of Pennsylvania · 1902
- Com. of Pa. v. KlineSuperior Court of Pennsylvania · 1932
25 more not listed; retrieve them via the Exa API.