Commonwealth v. Bradney
Supreme Court of Pennsylvania
ERROR TO THE COURT OF QUARTER SESSIONS OF CLINTON COUNTY. No. 329 January Term 1889, Sup. Ct.; court below, No. 18 September Term 1889, Q. S. On September 28, 1887, the grand jury returned as a true bill an indictment charging Washington Bradney and W. P. Sweeley, supervisors of Chapman township, with neglectingto repair a public highway in said township.
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ERROR TO THE COURT OF QUARTER SESSIONS OF CLINTON COUNTY. No. 329 January Term 1889, Sup. Ct.; court below, No. 18 September Term 1889, Q. S. On September 28, 1887, the grand jury returned as a true bill an indictment charging Washington Bradney and W. P. Sweeley, supervisors of Chapman township, with neglectingto repair a public highway in said township. When the cause was called for trial on September SO, 1887, defendants’ counsel made a motion to quash the indictment for reasons which appear in the opinion of the court below. A rule was granted to take testimony, and the cause was…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
As this indictment charges a nuisance, it was competent for the commonwealth on the trial to take an exception to any decision or ruling of the court and have a bill thereof sealed according to the practice in civil cases: Act of May 19,1874, P. L. 219. The proceeding to quash is properly considered as a part of the trial: Commonwealth v. Jackson, 1 Gr. 262. But as there was no exception taken or bill sealed upon the competency of the witnesses examined on the hearing of the motion to quash, no question of that character can arise. The testimony so taken is before us…
2Cases cited8 opinions
- Commonwealth v. BartilsonSupreme Court of Pennsylvania · 1877
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1873
- Commonwealth v. Keenan & ClarkSupreme Court of Pennsylvania · 1871
- Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
- McCullough v. CommonwealthSupreme Court of Pennsylvania · 1871
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3Cited by45 opinions
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- United States v. WellsDistrict Court, D. Idaho · 1908
- State v. BatesIndiana Supreme Court · 1897
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