Commonwealth v. Becker
Superior Court of Pennsylvania
Appeal, No. 19, Oct. T., 1900, by defendant, in suit of Commonwealth of Pennsylvania against Cornelius M. Becker, from sentence of Q. S. Schuylkill Co., Sept. T., 1899, No. 1026, on verdict of guilty. Opinion by Rice, P. J. Indictment for false pretenses. It appears from the record that the bill of indictment being lost or mislaid in the above case, the court below permitted the district attorney to file a certified copy of the same.
Read the full summary
Appeal, No. 19, Oct. T., 1900, by defendant, in suit of Commonwealth of Pennsylvania against Cornelius M. Becker, from sentence of Q. S. Schuylkill Co., Sept. T., 1899, No. 1026, on verdict of guilty. Opinion by Rice, P. J. Indictment for false pretenses. It appears from the record that the bill of indictment being lost or mislaid in the above case, the court below permitted the district attorney to file a certified copy of the same. Under objections of defendant the court made the following order: “ And now, to wit: January 3, 1900, the within copy of original bill being presented to the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The court below made the following order: “ And now, to wit: January 3,1900, the within copy of original bill being presented to the court, the court do direct the same to be filed to take place of original, lost or mislaid.” It is complained: (1) that it was irregular to make the order on the ex parte affidavit of the district attorney without other proof and without affording the defendant an opportunity to cross-examine and to show that this is not a true copy; (2) that it does not clearly appear by the affidavit that it is a correct copy of the indictment.
The first…
2Cases cited1 opinion
- State v. SimpsonSupreme Court of Missouri · 1878
3Cited by2 opinions
- Commonwealth v. GarlettsSuperior Court of Pennsylvania · 1923
- Zubris v. Zubris, Pennsylvania Court of Common Pleas, Schuylkill County1930