Legal Opinion

Commonwealth v. Gouger

Superior Court of Pennsylvania

Decided October 13, 1902No. Appeal, No. 34PublishedCited by 31 opinions

Appeal, No. 34, Jan. T., 1903, from order of Q. S. Peace Co., Sept. T., 1901, No. 11, quashing indictment in case of Commonwealth v. William L. Gouger. Indictment for bribery at a primary election. Before Little, P. J. The indictment was as follows : “ INDICTMENT. “ In the court of quarter sessions of the peace for the county of Montour.

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Appeal, No. 34, Jan. T., 1903, from order of Q. S. Peace Co., Sept. T., 1901, No. 11, quashing indictment in case of Commonwealth v. William L. Gouger. Indictment for bribery at a primary election. Before Little, P. J. The indictment was as follows : “ INDICTMENT. “ In the court of quarter sessions of the peace for the county of Montour. “ September Sessions, 1901. “ Montour County, ss : “ The Grand Inquest of the commonwealth of Pennsylvania, inquiring for the county of Montour, upon their respective oaths and affirmations, do present, that on the second day of August in the year of our Lord…

1Opinion of the Court

Opinion by

Rice, P. J.,

This is an appeal from an order quashing an indictment containing nine counts. It is contended that this .was an interlocutory order from which no appeal lies, because it was coupled with an order, made on the district attorney’s motion, directing the defendant to give bail for his appearance at the next term. This position is not tenable. The order was final although it did not have the effect of an acquittal of the defendant. Holding him to bail to answer a new indictment based on the same information and commitment orto answer the present indictment in case of…

2Cases cited16 opinions

  1. Commonwealth v. GreenSupreme Court of Pennsylvania · 1889
  2. Commonwealth v. BartilsonSupreme Court of Pennsylvania · 1877
  3. Rowand v. CommonwealthSupreme Court of Pennsylvania · 1876
  4. Leonard v. Commonwealth ex rel. CassidySupreme Court of Pennsylvania · 1886
  5. Commonwealth v. CarsonSupreme Court of Pennsylvania · 1895

11 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Commonwealth v. MustoSupreme Court of Pennsylvania · 1943
  2. Com. of Pa. v. KlineSuperior Court of Pennsylvania · 1932
  3. Fouracre v. WhiteSuperior Court of Delaware · 1917
  4. Commonwealth v. FoxSuperior Court of Pennsylvania · 1956
  5. Commonwealth v. CamwellSuperior Court of Pennsylvania · 1926

26 more not listed; retrieve them via the Exa API.

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