Commonwealth v. Cody

Dissenting Opinion by

Weight, J.:

I respectfully dissent. It is my view that the majority decision contravenes two rules of criminal procedure which are well settled in this Commonwealth.(1) Although it is better practice to do so, the district attorney was not required to aver in the instant indictments that the defendant had not been “an inhabitant of this state, or usual resident therein” in order to comply with the terms of the proviso clause in Section 77 of the Act of Miarch 31, 1860, 19 P.S. 211. It was expressly so ruled in Blackman v. Commonwealth, 124 Pa. 578, 17 A. 194. An indictment…