Legal Opinion

Commonwealth v. New Bethlehem Borough

Superior Court of Pennsylvania

Decided October 8, 1900No. Appeal, No. 143PublishedCited by 26 opinions

Appeal, No. 143, April Term, 1900, by plaintiff, in suit of Commonwealth of Pennsylvania against borough of New Bethlehem, from decree of Q. S. Clarion County, May Sessions 1899, No. 5, quashing indictment. Opinion by Rice, P. J. Motion to quash indictment. Before Greer, P. J., of the 50th judicial district, specially presiding.

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Appeal, No. 143, April Term, 1900, by plaintiff, in suit of Commonwealth of Pennsylvania against borough of New Bethlehem, from decree of Q. S. Clarion County, May Sessions 1899, No. 5, quashing indictment. Opinion by Rice, P. J. Motion to quash indictment. Before Greer, P. J., of the 50th judicial district, specially presiding. It appears from the record that a motion for leave to send up a bill of indictment based on a constable’s return was duly presented and filed in open court and the motion granted by the court. ESSENTIAL FACTS FOUND BY THE SUPERIOR COURT. [The sworn return of the…

1Opinion of the Court

Rice, P. J.,

Opinion by (after finding the facts as set out in the statement of facts) :

None of the foregoing reasons nor all of them taken together were sufficient to' make it the imperative duty of the court to quash the indictment, as a brief review of the authorities will show.

1. A constable’s return need not be drawn with all the formal nicety of an indictment. The return in the present case taken as a whole and given a reasonable intendment charges a public nuisance, and by implication a neglect of duty on the part of the municipality in permitting the public highway under its control to…

2Cases cited20 opinions

  1. Commonwealth v. GreenSupreme Court of Pennsylvania · 1889
  2. Commonwealth v. BradneySupreme Court of Pennsylvania · 1889
  3. Williams v. CommonwealthSupreme Court of Pennsylvania · 1880
  4. Election CasesSupreme Court of Pennsylvania · 1870
  5. Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898

15 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
  2. Commonwealth v. Hubbs (No. 2)Superior Court of Pennsylvania · 1939
  3. Commonwealth v. WilcoxSuperior Court of Pennsylvania · 1933
  4. Commonwealth v. HershmanSuperior Court of Pennsylvania · 1952
  5. Commonwealth v. StephensSuperior Court of Pennsylvania · 1940

21 more not listed; retrieve them via the Exa API.

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