Commonwealth v. Werner
Superior Court of Pennsylvania
Appeal, No. 156, April Sess., 1897, by defendant, from sentence of Q. S. Allegheny Co., Dec. T., 1896, No. 57, on verdict of guilty. Indictment for fornication and bastardy. Before White, J. It appeared from the record that information was made October 6, 1896, charging the offense to have been committed October 13, 1894. A preliminary hearing was waived by defendant October 14, 1896, and bail given for his appearance.
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Appeal, No. 156, April Sess., 1897, by defendant, from sentence of Q. S. Allegheny Co., Dec. T., 1896, No. 57, on verdict of guilty. Indictment for fornication and bastardy. Before White, J. It appeared from the record that information was made October 6, 1896, charging the offense to have been committed October 13, 1894. A preliminary hearing was waived by defendant October 14, 1896, and bail given for his appearance. On December 8, 1896, the grand jury found a true bill charging fornication and bastardy on October 14, 1894. Plea, non cul et de hoc, filed by defendant December 18, 1896.…
1Opinion of the Court
Opinioh by
Wickham, J.,
The indictment in this case shows, on its face, that it was found *251more than two years after the commission of the offense charged, and fails to allege, that the defendant had not been an inhabitant or usual resident of this state at any time before he was indicted.
It should therefore have been quashed as being fatally defective : Com. v. Bartilson, 85 Pa. 482; Com. v. Owens, 3 Kulp, 230.
We cannot agree with the learned trial judge, that the defendant’s agreement to support the prosecutrix and her child, estopped him from relying on the statute of limitations. His conduct…
2Cases cited1 opinion
- Commonwealth v. BartilsonSupreme Court of Pennsylvania · 1877
3Cited by12 opinions
- Elmer J. Benes v. United StatesCourt of Appeals for the Sixth Circuit · 1960
- Dauphin County Grand Jury Investigation ProceedingsSupreme Court of Pennsylvania · 1938
- Commonwealth v. CodySuperior Court of Pennsylvania · 1959
- Com. of Pa. v. StreetsSuperior Court of Pennsylvania · 1934
- United States v. HaramicDistrict Court, W.D. Pennsylvania · 1954
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