Legal Opinion

Commonwealth v. Carson

Supreme Court of Pennsylvania

Decided January 21, 1895No. Appeal, No. 50PublishedCited by 32 opinions

Appeal, No. 50, Oct. T., 1894, by plaintiff, from order of Q. S. Clarion Co., Aug. T., 1893, No. 31, quashing indictment. Indictment for felonious breaking and entering dwelling house.

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Appeal, No. 50, Oct. T., 1894, by plaintiff, from order of Q. S. Clarion Co., Aug. T., 1893, No. 31, quashing indictment. Indictment for felonious breaking and entering dwelling house. Before Clark, P. J. From the record it appeared that the information upon which the indictment was based was as follows: “ Before me, a justice of the peace, in and for said county, personally came C. T. Baker, who being sworn in due form of law says that at the county aforesaid on January 6, 1893, one J. M. Carson, James McAbee, William Reath and Bub Gilger, did break and enter his dwelling house and did take…

1Opinion of the Court

Opinion by

Me. Justice McCollum,

The defendants moved to quash the indictment, alleging in support of their motion that it was not authorized by or in conformity with the information, that it did not state in what coqnty the offences were committed, and that the counts were repugnant. The learned court below, without expressing any opinion in regard to these objections, quashed the first count on the ground that it did not state whether the offence charged in it was committed “in the night time or in the day time,” and sustained the second count. It may be inferred from this ruling that the…

2Cited by32 opinions

  1. Commonwealth v. MustoSupreme Court of Pennsylvania · 1943
  2. Commonwealth v. RolanSupreme Court of Pennsylvania · 1988
  3. Commonwealth v. MillerSuperior Court of Pennsylvania · 1921
  4. Commonwealth v. GougerSuperior Court of Pennsylvania · 1902
  5. Commonwealth v. GinsbergSuperior Court of Pennsylvania · 1940

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