Commonwealth v. Mallini
Supreme Court of Pennsylvania
Appeal, No. 377, Jan. T., 1905, by defendant, from judgment of O. & T. Fayette Co., Sept. T., 1905, No. 30, on verdict of guilty of murder of the first degree in case of Commonwealth v. Giovanni Mallini. Indictment for murder. Before Reppert, P. J. The opinion of the Supreme Court states the case. .Errors assigned were in refusing to quash the indictment, and in refusing to arrest the judgment.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The assignments of error raise only two questions.
First, the insufficiency of the information. The county detective officer appeared before a justice of the peace, and, “ be*52ing duly sworn, deposes and says that .... Giovanni Mallini did kill and murder Antonio Bippe by stabbing him in the body with a knife. On information received.” At the trial a motion was made to quash the indictment for the insufficiency of the information. It was too late. The indictment was regularly found after a hearing before the justice, and such finding “ cannot be invalidated…
2Cases cited1 opinion
- Commonwealth v. BrennanSupreme Court of Pennsylvania · 1899
3Cited by36 opinions
- People v. BelcherNew York Court of Appeals · 1951
- Commonwealth v. KeeganSuperior Court of Pennsylvania · 1918
- Commonwealth v. RussoSuperior Court of Pennsylvania · 1955
- Commonwealth v. GrossSuperior Court of Pennsylvania · 1952
- Commonwealth Ex Rel. DiDio v. BaldiSuperior Court of Pennsylvania · 1954
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