Legal Opinion

Commonwealth v. Green

Supreme Court of Pennsylvania

Decided May 27, 1889No. 22PublishedCited by 80 opinions

ERROR TO THE COURT OF QUARTER SESSIONS OF NORTHAMPTON COUNTY. No. 22 January Term 1889, Sup. Ct.; court below, No. 18 April Term 1888, Q. S. On February 15, 1888, the grand jury made a presentment that one Lizzie Green on February 13, 1888, and on divers other days, etc., in the borough of South Bethlehem in the county of Northampton, did keep and maintain a common bawdy house and place for the practice of fornication, to the common nuisance, etc.

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ERROR TO THE COURT OF QUARTER SESSIONS OF NORTHAMPTON COUNTY. No. 22 January Term 1889, Sup. Ct.; court below, No. 18 April Term 1888, Q. S. On February 15, 1888, the grand jury made a presentment that one Lizzie Green on February 13, 1888, and on divers other days, etc., in the borough of South Bethlehem in the county of Northampton, did keep and maintain a common bawdy house and place for the practice of fornication, to the common nuisance, etc. On the same day, on leave granted by the court, the district attorney laid before the grand jury an indictment charging said Lizzie Green with said…

1Opinion of the Court

Opinion,

Mr. Justice Clark:

The indictment in this case was for keeping a disorderly *536house; it was based upon a presentment of the grand jury, the indictment having been prepared in pursuance thereof, and sent to a subsequent grand jury, with the permission of the court. A rule was taken to quash the indictment, upon the ground that the presentment was not made upon the knowledge and observation of the grand jury, but upon evidence taken before them on another complaint. At the hearing of the rule, a member of the grand jury was called to testify as to what influenced the grand jury in making…

2Cases cited3 opinions

  1. Rowand v. CommonwealthSupreme Court of Pennsylvania · 1876
  2. McCullough v. CommonwealthSupreme Court of Pennsylvania · 1871
  3. Gordon v. CommonwealthSupreme Court of Pennsylvania · 1880

3Cited by80 opinions

  1. Tyrone Gaither v. United States of America, Charles Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  2. McNair's PetitionSupreme Court of Pennsylvania · 1936
  3. Commonwealth v. McCloskeySupreme Court of Pennsylvania · 1971
  4. Commonwealth v. O'BRIENSuperior Court of Pennsylvania · 1956
  5. Commonwealth v. BrownSuperior Court of Pennsylvania · 1903

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