Commonwealth v. Cheek

The only question presented by this record is whether, upon an indictment for a misdemeanor, a judgment may be rendered against the defendant by default.

We are of opinion that the several provisions of the Code relating to the subject, were clearly intended to authorize such judgment. Those provisions are to be found in sections 158 to 171, inclusive.

Upon the call of the indictment for trial, the defendant must either move to set aside the indictment or plead thereto. {Section 158.) The three succeeding sections regulate the proceedings upon the motion to set aside the indictment.

If the…