Commonwealth v. Auerbach
Superior Court of Pennsylvania
Appeal, No. 242, Oct. T., 1918, by defendant, from the judgment of the Municipal Court of Philadelphia, June Sess., 1918, No. 26, on verdict of guilty in case of Commonwealth v. Emanuel Auerbach. Indictment for assault and battery. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed.
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Appeal, No. 242, Oct. T., 1918, by defendant, from the judgment of the Municipal Court of Philadelphia, June Sess., 1918, No. 26, on verdict of guilty in case of Commonwealth v. Emanuel Auerbach. Indictment for assault and battery. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed. Errors assigned, among others, were (4-5), the refusal of the court to allow the prosecutor to be asked whether he had ever been convicted of crime (4-19); refusal of the court to allow any reference to the reputation of the prosecutor for…
1Opinion of the Court
Opinion by
Trexler, J.,
The defendant was found guilty of aggravated assault and battery. There are twenty-seven assignments of error. They may all be considered under the three heads as presented at argument.
The first objection urged is, there were no adequate instructions as to the meaning of “legal arrest.” The defendant, who was a policeman of the City of Philadelphia, claimed that he was making an arrest upon sufficient cause, and that therefore he was authorized to use such force as was necessary. The court stated that the policeman, in order to have the right to arrest, “must be acting…
2Cases cited6 opinions
- Hunter v. BremerSupreme Court of Pennsylvania · 1917
- Commonwealth v. RaccoSupreme Court of Pennsylvania · 1909
- Commonwealth v. VaranoSupreme Court of Pennsylvania · 1917
- American Bank v. FelderSuperior Court of Pennsylvania · 1915
- Jacoby v. Westchester Fire InsuranceSuperior Court of Pennsylvania · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commonwealth v. PalarinoSuperior Court of Pennsylvania · 1951
- Commonwealth v. FINKELSTEINSuperior Court of Pennsylvania · 1959
- Commonwealth v. LewandowskiSuperior Court of Pennsylvania · 1920
- Justice v. WatkinsSupreme Court of Pennsylvania · 1923
- Commonwealth v. RiddickSuperior Court of Pennsylvania · 1968
4 more not listed; retrieve them via the Exa API.