Commonwealth v. Phelps
Supreme Court of Pennsylvania
Appeal No. 278, Jan. T., 1895, by plaintiff, from order of C. P. Lackawanna Co., Sept. T., 1894, No. 30, reversing judgment of alderman.
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Appeal No. 278, Jan. T., 1895, by plaintiff, from order of C. P. Lackawanna Co., Sept. T., 1894, No. 30, reversing judgment of alderman. Certiorari from judgment of alderman convicting defendant of violating Sunday law of 1794. . The written complaint, which was the foundation of the pro ceeding, was as follows: “ The information of F. A. Dony of the city of Scranton, taken upon his oath before I. L. Post, Esq., an alderman in and for the Seventeenth ward oE said city, the 22d day of May, A. D. 1894, the said F. A. Dony saith that on the 20th day of May, A D. 1894, John H. Phelps of the said…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
In this case as in The Commonwealth v. Gelbert, ante, p. 426, just decided, the complaint on which the conviction is based is fatally defective; the foundation will not suport the superstructure. The defect in fhis case is of the same nature as the defect in that, and it consists of the omission from the complaint of a jurisdictional fact. The written complaint in this case fails to show that the acts mentioned in it were committed in Lackawanna county. For reasons given in The Commonwealth v. Gelbert, supra, we overrule the specifications of error.
Judgment…
2Cited by15 opinions
- Commonwealth of Pa. v. HunterSuperior Court of Pennsylvania · 1932
- Commonwealth ex rel. Riley v. HudockSuperior Court of Pennsylvania · 1908
- Commonwealth v. Antone, Pennsylvania Court of Common Pleas, Philadelphia County1903
- Commonwealth v. Blubaugh, Pennsylvania Court of Common Pleas, Franklin County1948
- Commonwealth v. Fontana, Pennsylvania Court of Common Pleas, Lawrence County1968
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