Commonwealth v. Shaffer
Superior Court of Pennsylvania
Appeal, No. 20, March T., 1913, by plaintiffs, from order of Q. S. Columbia Co., Dec. Session, 1911, No. 4, refusing to set aside verdict against prosecutior for costs in Commonwealth v. Elmer Shaffer. Motion to set aside verdict for costs.
Read the full summary
Appeal, No. 20, March T., 1913, by plaintiffs, from order of Q. S. Columbia Co., Dec. Session, 1911, No. 4, refusing to set aside verdict against prosecutior for costs in Commonwealth v. Elmer Shaffer. Motion to set aside verdict for costs. Before Evans, P. J. From the record it appeared that the prosecutor, ■ S. B. Arment, a duly appointed medical examiner, under specific directions from the commissioner of health of the commonwealth of Pennsylvania, and upon advice of special counsel, brought a prosecution against the defendant for pollution of the waters of the state, in violation of the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The point clearly decided in Guffy v. Commonwealth, 2 Grant (Pa.), 66, was, that the statutes authorizing the jury, in cases of acquittal, to determine, by their verdict, whether the prosecutor, the county, or the defendant should pay the costs, do not take away the common-law supervisory power of the courts which belongs to trial by jury; hence, the court has power to set aside that part of a verdict of acquittal which imposes the costs on the prosecutor. This decision has not been questioned in any later Supreme Court case; its binding authority has been recognized by…
2Cases cited14 opinions
- Independence Party NominationSupreme Court of Pennsylvania · 1904
- Commonwealth v. BradneySupreme Court of Pennsylvania · 1889
- Krickbaum's Contested ElectionSupreme Court of Pennsylvania · 1908
- Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
- Gemas's LicenseSupreme Court of Pennsylvania · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. HallSupreme Court of Pennsylvania · 1927
- Adelman, Trustee v. J. McShain, Inc.Superior Court of Pennsylvania · 1941
- Commonwealth of Penna. v. AhlgrimSuperior Court of Pennsylvania · 1930
- Windber Brewing Co. No. 2's LicenseSuperior Court of Pennsylvania · 1913
- Commonwealth v. DickinsonSuperior Court of Pennsylvania · 1916
16 more not listed; retrieve them via the Exa API.