Commonwealth v. Gelbert
Supreme Court of Pennsylvania
Appeal, No. 267, Jan. T., 1895, by plaintiff, from order of C. P. Lackawanna Co., May T., 1894, No. 671, reversing judgment of alderman on certiorari.
Read the full summary
Appeal, No. 267, Jan. T., 1895, by plaintiff, from order of C. P. Lackawanna Co., May T., 1894, No. 671, reversing judgment of alderman on certiorari. Certiorari from judgment of alderman convicting defendant of violating the Sunday law of 1894. From the record it appeared that the information upon which the warrant issued was as follows : “The information of F. A. Doney, of the city of Scranton, taken upon his oath, before I. L. Post, Esquire, an alderman, in and for the 17th ward, of said city, the 8th day of May, A. D. 1894; the said F. A. Doney saith that on the sixth day of May, A. D.…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Emma E. Gelbert was convicted by a magistrate of selling soda water and candy on Sunday, and was required to pay four dollars and the costs or undergo six days’ imprisonment in the county jail. The record of the conviction was removed by certiorari to the court of common pleas of Lackawanna county. The judgment of the magistrate was reversed by that court on the ground of .substantial defects in the written complaint on which the proceedings were instituted. The defect that was deemed fatal was the omission to charge in the complaint gny offense known to the…
2Cases cited1 opinion
- Commonwealth v. BordenSupreme Court of Pennsylvania · 1869
3Cited by42 opinions
- Commonwealth of Pa. v. HunterSuperior Court of Pennsylvania · 1932
- Commonwealth Ex Rel. DiDio v. BaldiSuperior Court of Pennsylvania · 1954
- Commonwealth ex rel. Allegheny County v. DavisonSuperior Court of Pennsylvania · 1899
- Commonwealth v. MollerSuperior Court of Pennsylvania · 1912
- Commonwealth v. SeechristSuperior Court of Pennsylvania · 1905
37 more not listed; retrieve them via the Exa API.