Legal Opinion

Allen v. Commonwealth

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 58PublishedCited by 9 opinions

Appeal, No. 58, April T., 1921, by Commonwealth, from order of C. P. Fayette Co., March T., 1918, No. 846, on certiorari from judgment of justice of the . peace in the case of Commonwealth of Pennsylvania ex rel. Jacob Swoger, Prosecutor, v. James W. Allen. Certiorari from judgment of justice of the peace. Before Van Swearingen, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 58, April T., 1921, by Commonwealth, from order of C. P. Fayette Co., March T., 1918, No. 846, on certiorari from judgment of justice of the . peace in the case of Commonwealth of Pennsylvania ex rel. Jacob Swoger, Prosecutor, v. James W. Allen. Certiorari from judgment of justice of the peace. Before Van Swearingen, P. J. The facts are stated in the opinion of the Superior Court. The court sustained the exception and reversed the judgment of conviction and discharged the defendant. Commonwealth appealed. Error assigned was the judgment of the court. Cruelty to animals was not an…

1Opinion of the Court

Opinion by

Head, J.,

An information was lodged before a justice of the peace charging the defendant therein named, present appellee, with the offense of cruelty to animals under the provisions of the Act of 29th March, 1869,- P. L. 22. After a hearing the magistrate, following the procedure provided in section 1 of the statute, adjudged the defendant guilty of the offense charged and sentenced him to pay a fine of ten dollars and costs. The record was brought into the court of common pleas by a writ of certiorari. After a hearing on the exceptions filed to the record, the court below held that…

2Cases cited1 opinion

  1. Mountain v. CommonwealthSuperior Court of Pennsylvania · 1917

3Cited by9 opinions

  1. Commonwealth v. CanoSupreme Court of Pennsylvania · 1957
  2. Commonwealth v. CanoSuperior Court of Pennsylvania · 1956
  3. Commonwealth v. GrossSuperior Court of Pennsylvania · 1941
  4. Commonwealth Ex Rel. Marsh v. LindseySuperior Court of Pennsylvania · 1938
  5. Commonwealth Ex Rel. v. HeimanSuperior Court of Pennsylvania · 1936

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