Gwinn v. Kane

Opinion by

President Judge Bowman,

Cross-motions for summary judgment posture the legal issues raised in this action in quo warranto by which plaintiff, Richard H. Gwinn, seeks to void an indictment charging him with perjury and false swearing. To accomplish this objective, plaintiff, by this action, attacks the office held by Walter M. Phillips, Jr., the role two of his subordinates played in the investigation and presentment leading to plaintiff’s indictment and the role they expect to play in the trial of plaintiff under the criminal justice system of our Commonwealth.

As history readily…