Legal Opinion

Sherban v. Commonwealth

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 9 opinions

ERROR to the quarter sessions of Cumberland county. ' Commonwealth against Daniel Sherban. Indictment for. betting on an election; in which the offence was thus laid: “ The grand inquest of the commonwealth' of Pennsylvania, inquiring in and for the county of Cumberland, on their oaths and affirmations respectively, do present: That Daniel Sherban, late, &c., on the ,28th of September 1838, in the county aforesaid, and within, the-jurisdiction, of this court, did lay a wager…

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ERROR to the quarter sessions of Cumberland county. ' Commonwealth against Daniel Sherban. Indictment for. betting on an election; in which the offence was thus laid: “ The grand inquest of the commonwealth' of Pennsylvania, inquiring in and for the county of Cumberland, on their oaths and affirmations respectively, do present: That Daniel Sherban, late, &c., on the ,28th of September 1838, in the county aforesaid, and within, the-jurisdiction, of this court, did lay a wager and bet with a certain Jacob Clark, and that the said Daniel Sherban did then and there lay a wager and bet of fifty…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

It is a general rule that, in all indictments, the charge must be positively averred; but in what cases it is or is not sufficiently averred, is not ascertained with precision, and must be left, in a great measure, to the legal discretion of the court. 2 Hawk. P. C. 228. Indictments require only the same certainty as declarations, namely, certainty to a common intent in general, and Hot certainty in every particular as is required in pleading an estoppel. Co. Lit. 303; 2 Str. 904; 1 Chitt. Cr. Law, 169. It is a rule that that which is…

2Cited by9 opinions

  1. Election CasesSupreme Court of Pennsylvania · 1870
  2. Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
  3. Commonwealth v. StephensSuperior Court of Pennsylvania · 1940
  4. Sikes v. StateSupreme Court of Alabama · 1880
  5. Commonwealth v. WhiteSuperior Court of Pennsylvania · 1904

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