Legal Opinion

Linn v. Commonwealth

Supreme Court of Pennsylvania

Decided January 3, 1881PublishedCited by 17 opinions

Certiorari to the Court of Quarter Sessions of Butler county: Of October and November Term 1878, No. 334. Appeal of L. G. Linn from the taxation of costs in the case of the Commonwealth against said Linn. The material facts will he found stated in the opinion of this court.

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Certiorari to the Court of Quarter Sessions of Butler county: Of October and November Term 1878, No. 334. Appeal of L. G. Linn from the taxation of costs in the case of the Commonwealth against said Linn. The material facts will he found stated in the opinion of this court. The following were among the assignments of error:— I. The court, McJunkin, P. J., erred in refusing to quash the indictment for the reason that the oath taken by the defendant, and on account of which the crime is charged w'as not necessary, and hence not material and was extrajudicial. 5. The oath must not only have been…

1Opinion of the CourtJustice Paxson

This cause was removed into this court upon a writ of certiorari specially allowed by the chief justice under the thirty-third section of the Criminal Procedure Act of 31st March 1860, Pamph. L. 427. If anything were needed to vindicate the wisdom of this legislation, it is to be found within the four corners of this record.

The defendant below, who is a member of the bar, was indicted imthe Quarter Sessions of Butler county for the offence of perjury. The defendant had filed exceptions to the sufficiency of bail in error in a cause depending in this court. He accompanied the exceptions with…

2Cited by17 opinions

  1. Commonwealth v. Hubbs (No. 1)Superior Court of Pennsylvania · 1939
  2. Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
  3. Commonwealth v. RobzinSuperior Court of Pennsylvania · 1922
  4. Commonwealth v. GiaccioSupreme Court of Pennsylvania · 1964
  5. Carr v. MundorfSupreme Court of Pennsylvania · 1933

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