Katterman v. Stitzer
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Michael Katterman against John Stitzer. Action on the case for falsely and maliciously arresting, prosecuting and imprisoning the plaintiff upon a charge of perjury.
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ERROR to the common pleas of Dauphin county. Michael Katterman against John Stitzer. Action on the case for falsely and maliciously arresting, prosecuting and imprisoning the plaintiff upon a charge of perjury. The plaintiff offered in evidence a copy of the record of the court of quarter sessions of Schuylkill county showing the indictment, issue, trial, verdict and judgment in the case of the Commonwealth against Michael Katterman for perjury, for the purpose of showing that the present plaintiff was acquitted, and also that John Stitzer was the prosecutor and was directed by the jury and…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The second error assigned has been waived; the first, therefore, which includes the bills of exception to the opinion of the court in regard to evidence, is all that remains to be considered. The first, and eighth or last, bills of exception, are the same and may be disposed of together. The record of the court of quarter sessions of Schuylkill county is admitted to have been proper evidence to prove the acquittal of the plaintiff, and was accordingly received for this purpose by the court below, but it was rejected as evidence to show that…
2Cited by3 opinions
- Magee v. ScottSupreme Court of Pennsylvania · 1859
- Auslander v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1944
- Miller v. Brink, Pennsylvania Court of Common Pleas, Centre County1930