Legal Opinion

Commonwealth v. Bishop

Superior Court of Pennsylvania

Decided March 3, 1919No. Appeal, No. 170PublishedCited by 6 opinions

Appeal, No. 170, Oct. T., 1918, by defendant, from order of Municipal Court of Philadelphia, Oct. Sess., 1917, No. 302, on verdict of guilty in the case of Commonwealth v. James Bishop. Indictment for fornication and bastardy.

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Appeal, No. 170, Oct. T., 1918, by defendant, from order of Municipal Court of Philadelphia, Oct. Sess., 1917, No. 302, on verdict of guilty in the case of Commonwealth v. James Bishop. Indictment for fornication and bastardy. Before Gil-pin, J. From the record it appeared that the defendant was indicted for fornication and bastardy and a true bill of indictment found on December 4, 1917. Motion was made to amend the indictment so as to charge the commission of the offense as September 15, 1915, instead of April 2,1917, as originally incorrectly laid. A motion to quash the indictment was…

1Opinion of the Court

Opinion by

Trexler, J.,

The defendant was charged with fornication and bastardy. The crime was committed in the State of Delaware but the child was born in Philadelphia. The latter place was the proper place to institute the prosecution : Act of March 31,1860, Sec. 38 P. L. 393.

When the case was called for trial the defendant moved to quash the indictment for reasons filed but not printed in the paper book. The district attorney then moved to amend the indictment by changing the date and substituting September 15, 1915, a date more than two years before the finding instead of April 2, 1917, as…

2Cases cited4 opinions

  1. Blackman v. CommonwealthSupreme Court of Pennsylvania · 1889
  2. Commonwealth v. BatesSuperior Court of Pennsylvania · 1896
  3. Commonwealth v. WernerSuperior Court of Pennsylvania · 1897
  4. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1892

3Cited by6 opinions

  1. Com. of Pa. v. StreetsSuperior Court of Pennsylvania · 1934
  2. Commonwealth v. JordanSuperior Court of Pennsylvania · 1939
  3. Commonwealth v. TurnerSuperior Court of Pennsylvania · 1954
  4. Commonwealth v. CodySuperior Court of Pennsylvania · 1959
  5. Commonwealth v. CodySuperior Court of Pennsylvania · 1959

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