Legal Opinion

Commonwealth v. Weiderhold

Supreme Court of Pennsylvania

Decided May 3, 1886PublishedCited by 3 opinions

Error to the Court of Oyer and Terminer of Schuylkill county. Of January Term, 1886, No. 300. On the 9th of September, 1885, the Grand Jury of Schuylkill county found the following indictment against Charles H. Weiderhold, for 1st, Felonious attempt at arson ; 2d, Attempt at arson.

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Error to the Court of Oyer and Terminer of Schuylkill county. Of January Term, 1886, No. 300. On the 9th of September, 1885, the Grand Jury of Schuylkill county found the following indictment against Charles H. Weiderhold, for 1st, Felonious attempt at arson ; 2d, Attempt at arson. The grand inquest of the Commonwealth of Pennsylvania, inquiring for the county of Schuylkill, upon their respective oaths and affirmations, do present, that Charles H. Weiderhold, late .of the said county, yeoman, on the first day of September, A. D. one thousand eight hundred and eighty-five, at the county…

1Opinion of the Court

The opinion of the court was delivered May 3d, 1886.

2Per curiam

The learned judge committed no error in arresting the judgment sought to be entered on the second count of the indictment. The defendant was acquitted on the only valid count in the indictment under the 137th section of the Penal Code. That count correctly charged the act to be a felony. The other count cannot be sustained under section 138, as it was not framed under that section. It avers a fact not provided for in that section, but in conflict therewith. As it does not charge the act to have been done feloniously, it cannot be sustained…

3Cited by3 opinions

  1. Commonwealth v. DawsonChester County Court of Oyer and Terminer · 1948
  2. Commonwealth v. MartiniColumbia County Court of Oyer and Terminer · 1940
  3. Commonwealth v. Pollinger, Pennsylvania Court of Common Pleas, Montgomery County1942

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