Commonwealth v. Carlucci
Superior Court of Pennsylvania
Appeal, No. 26, March T., 1911, by the Commonwealth, from order of Q. S. Luzerne Co., Sept. T., 1909, No. 202, quashing indictment in case of Commonwealth v. Frank Carlucci et al. Indictment for conspiracy.
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Appeal, No. 26, March T., 1911, by the Commonwealth, from order of Q. S. Luzerne Co., Sept. T., 1909, No. 202, quashing indictment in case of Commonwealth v. Frank Carlucci et al. Indictment for conspiracy. On a motion to quash the indictment Shull, P. J., specially presiding stated the facts to be as follows: 1. On information of Thomas M. Clancy, of 301 West 111th street, New York City, N. Y., made before John P. Pollock, of Wilkes-Barre, Pa., on August 8, 1909, the defendants were charged with fraudulently and maliciously conspiring, confederating and agreeing, between themselves and with…
1Opinion of the Court
Opinion by
Rice, P. J.,
It appears, by the transcript of the magistrate sent up with the record on this appeal, that the defendants were arrested upon an information charging them with conspiracy; that they demanded and received a hearing before the magistrate, which was continued through several adjournments; and that on August 5, 1909, they appeared, waived further hearing, and gave bail conditioned for their appearance at the next court of quarter sessions. *76Under ordinary conditions and the standing rule of the court of quarter sessions of Luzerne county, the grand jury for the next session…
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