Commonwealth v. Sheppard
Superior Court of Pennsylvania
Appeal, No. 186, April T., 1902, by plaintiff, from order of Q. S. Fayette Co., Sept. T., 1901, No. 175, quashing indictment in case of Commonwealth y. George C. Sheppard, George Shaffer, Charles F. Swift, William H. Gladden, John H. Lucas and J. C. Carpenter. Motion to quash indictment for conspiracy.
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Appeal, No. 186, April T., 1902, by plaintiff, from order of Q. S. Fayette Co., Sept. T., 1901, No. 175, quashing indictment in case of Commonwealth y. George C. Sheppard, George Shaffer, Charles F. Swift, William H. Gladden, John H. Lucas and J. C. Carpenter. Motion to quash indictment for conspiracy. The second reason for quashing the indictment was as follows : The information and record thereof in the office of the clerk of said court, shows that the information was made by Rev. A. W. Robertson, a member of the Pittsburg Conference of the Methodist Protestant Church, against the…
1Opinion of the Court
Rice, P. J.,
This is an appeal from an order quashing a bill of indictment *419sent before the grand jury without a preliminary hearing or the sanction of the court. The only reason suggested in justification of this mode of procedure, which by all the authorities is declared to be extraordinary, is, that if the indictment had not been sent up at that term, the prosecution would have been barred by the statute of limitations. If the crime charged were of a grave public nature, this would have been a very strong reason to be addressed to the discretion of the court below in support of the action of…
2Cases cited3 opinions
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1889
- Rowand v. CommonwealthSupreme Court of Pennsylvania · 1876
- Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900
3Cited by13 opinions
- Commonwealth v. O'BRIENSuperior Court of Pennsylvania · 1956
- Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
- Commonwealth v. HackneySuperior Court of Pennsylvania · 1935
- Commonwealth v. RamseySuperior Court of Pennsylvania · 1910
- Commonwealth v. NorrisSuperior Court of Pennsylvania · 1925
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