Commonwealth v. Hooper
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1914, by plaintiff, from order of Q. S. Luzerne Co., Sept. T., 1912, No. 52, in sustaining motion in arrest of judgment in case of Commonwealth v. Charles Hooper. Motion in arrest of judgment after verdict of guilty. Before Strauss, J. From the record it appeared that Charles Hooper was arrested on June 12, 1912, on information of the game warden charging him with killing song and insectivorous birds.
Read the full summary
Appeal, No. 10, March T., 1914, by plaintiff, from order of Q. S. Luzerne Co., Sept. T., 1912, No. 52, in sustaining motion in arrest of judgment in case of Commonwealth v. Charles Hooper. Motion in arrest of judgment after verdict of guilty. Before Strauss, J. From the record it appeared that Charles Hooper was arrested on June 12, 1912, on information of the game warden charging him with killing song and insectivorous birds. He was taken before a justice of the peace, and found guilty of killing four birds. The justice’s transcript concluded as follows: After hearing demanded to pay fine…
1Opinion of the Court
Opinion by
Rice, P. J.,
A motion in arrest of judgment must be based on matters which appear on the record; and many defects, irregularities, and informalities in the preliminary proceedings, that might have been taken advantage of by appropriate action before, are cured or waived by the defendant by pleading the general issue and going to trial on the merits. Numerous illustrations are furnished in the cases cited by the learned counsel for the commonwealth in their brief. We agree with them that, under the principles therein enunciated, recognized, or *521applied, if the defendant in the present…
2Cases cited2 opinions
- March v. CommonwealthSupreme Court of Pennsylvania · 1888
- Hoffman v. CommonwealthSupreme Court of Pennsylvania · 1889
3Cited by10 opinions
- Commonwealth of Pa. v. HunterSuperior Court of Pennsylvania · 1932
- Commonwealth v. WadzinskiSupreme Court of Pennsylvania · 1978
- Commonwealth v. Scott-Powell DairiesSuperior Court of Pennsylvania · 1937
- Commonwealth v. LewandowskiSuperior Court of Pennsylvania · 1920
- Commonwealth v. BobarskySchuylkill County Court of Quarter Sessions · 1924
5 more not listed; retrieve them via the Exa API.