Commonwealth v. Evaul

Gordon, Jr., J.,

This is a motion to quash a bill of indictment. Joel Evaul, the defendant, is charged with involuntary manslaughter in causing the death of J ames K. Diehl by the negligent operation of an automobile. The indictment sets forth that the accident in which the fatal injuries were received happened on Oct. 28, 1921, and that Diehl died as a result of the injuries on Oct. 30, 1922, one year and two days after they were inflicted. The defendant invokes the “year and a day rule,” and contends that the indictment is defective on its face, as it discloses that death occurred more than…