Commonwealth v. Immel
Superior Court of Pennsylvania
Appeal, No. 141, Oct. T., 1906, by plaintiff, from order of Q. S. Montgomery Co., March T., 1906, No. 25, quashing conviction by justice of the peace in case of Commonwealth v. Edmund 0. Immel.
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Appeal, No. 141, Oct. T., 1906, by plaintiff, from order of Q. S. Montgomery Co., March T., 1906, No. 25, quashing conviction by justice of the peace in case of Commonwealth v. Edmund 0. Immel. Motion to quash the proceedings on an appeal to the court of quarter sessions from a summary conviction of the defendant by a justice of the peace for placing poisonous substances in the waters of the Commonwealth in violation of section 26 of the Act of May 29, 1901, P. L. 802. The opinion of the Superior Court states the case. Error assigned was the order quashing the conviction.
1Opinion of the Court
Opinion by
Bioe, P. J.,
The defendant was summarily convicted before a justice of the peace of violating sec. 26 of the Act of May 29,1901, P. L. 302. Upon special allowance he took an appeal to the quarter sessions and upon his motion the court quashed the proceedings before the magistrate, annulled the sentence and discharged the defendant. The court held, in an opinion filed by its learned president judge, “that the defendant’s acts are not contrary to the provisions of the section under which he was convicted.” The acts referred to by the learned judge are not such as were established by…
2Cases cited3 opinions
- In re Road in the Borough of PhoenixvilleSupreme Court of Pennsylvania · 1885
- Commonwealth v. JonesSuperior Court of Pennsylvania · 1897
- Commonwealth v. KenneySuperior Court of Pennsylvania · 1907
3Cited by8 opinions
- Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
- Commonwealth v. PeacockSuperior Court of Pennsylvania · 1935
- Commonwealth v. Lodge No. 148 Loyal Order of MooseSuperior Court of Pennsylvania · 1959
- Commonwealth v. ObenrederSuperior Court of Pennsylvania · 1941
- Commonwealth v. PahlmanSuperior Court of Pennsylvania · 1935
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