Commonwealth ex rel. Thomas v. Thomas
Superior Court of Pennsylvania
Appeal, No. 99, Oct. T., 1919, by Commonwealth, from judgment of Municipal Court of Philadelphia, Oct. T., 1914, No. 211, quashing warrant on rehearing sur charge of desertion and nonsupport, in case of Commonwealth ex rel. E. Marie L. Thomas v. William H. M. Thomas. Arrest upon warrant charging desertion and nonsupport. Before Brown, J. The opinion of the Superior Court states the case. Proceedings dismissed, on motion, for defect in the information.
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Appeal, No. 99, Oct. T., 1919, by Commonwealth, from judgment of Municipal Court of Philadelphia, Oct. T., 1914, No. 211, quashing warrant on rehearing sur charge of desertion and nonsupport, in case of Commonwealth ex rel. E. Marie L. Thomas v. William H. M. Thomas. Arrest upon warrant charging desertion and nonsupport. Before Brown, J. The opinion of the Superior Court states the case. Proceedings dismissed, on motion, for defect in the information. Error assigned, among others, was the ruling of the lower court that it was incumbent on the Commonwealth to prove conclusively that the…
1Opinion of the Court
Opinion by
Porter, J.,
This is the second appeal from orders in this case made by the court below. The defendant was arrested on a warrant issued upon a complaint by his wife, charging desertion and nonsupport and, after having given bail for his appearance, moved the court to quash the warrant and dismiss the proceeding, upon the grounds that the *9warrant “was issued without probable cause supported by oath or affirmation.” The record then disclosed that, although it was recited in the body of the complaint that the prosecutrix had been duly sworn according to law, the jurat had not been signed…
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