Commonwealth v. Hilton
Superior Court of Pennsylvania
Appeal, No. 275, Oct. T., 1917, by defendant, from judgment of Q. S. Lancaster Co., Jan. Sessions, 1916, No. 29, on verdict of guilty in case of Commonwealth v. Eber E. Hilton. Indictment for perjury.
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Appeal, No. 275, Oct. T., 1917, by defendant, from judgment of Q. S. Lancaster Co., Jan. Sessions, 1916, No. 29, on verdict of guilty in case of Commonwealth v. Eber E. Hilton. Indictment for perjury. Before Hassler, J. At the trial counsel for the defendant moved the court “to grant a continuance of the said trial for the reason that on the face of the indictment and also from the facts in the case, it appears that the defendant is charged with having committed perjury in a civil suit in the Court of Common Pleas of Lancaster County, to October Term, 1913, No. 15, the same being an…
1Dissent
Dissenting Opinion,
Trexler, J.:
I do not agree with the view of the majority of this court that the learned trial judge committed error in refusing to grant a continuance because final judgment had not been entered in the case on the trial of which the perjury is alleged to have taken place. This court has said in Commonwealth v. Garvey, 65 Pa. Superior Ct. 56, “We are not yet prepared to go so far as to declare it to be legally impossible to try a defendant charged with perjury until after the determination of the judicial proceeding in which the alleged false oath was taken.” “The rule is…
2Cases cited1 opinion
- Commonwealth v. GarveySuperior Court of Pennsylvania · 1916