Legal Opinion

Commonwealth v. Havrilla

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 18PublishedCited by 24 opinions

Appeal, No. 18, March T., 1908, by defendant, from judgment of Q. S. Luzerne Co., Jan. T., 1907, No. 89, on verdict of guilty in case of Commonwealth v. John Havrilla. Indictment for not delivering election returns to the prothonotary. Before Staples, P. J. The opinion of the Superior Court states the case. Errors assigned were (1) in refusing to quash the indictment; (4) in giving binding instructions to convict.

1Opinion of the Court

Opinion by

Henderson, J.,

The first complaint presented in the appeal is that the court erred in not quashing the indictment. We do not find in the record any motion to quash in this case. It is said, however, in the argument of the appellant’s counsel, that a motion was made in another case involving the same question, which motion was to apply in all the cases growing out of the particular election; but no agreement to that effect is exhibited in the record, and the first assignment of error might well be dismissed for that reason. As no objection is made, however, by the counsel for the…

2Cases cited12 opinions

  1. Sparf v. United StatesSupreme Court of the United States · 1895
  2. Commonwealth v. McHaleSupreme Court of Pennsylvania · 1881
  3. Kilpatrick v. CommonwealthSupreme Court of Pennsylvania · 1858
  4. Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
  5. Commonwealth v. OrrSupreme Court of Pennsylvania · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
  2. Commonwealth v. ArchambaultSupreme Court of Pennsylvania · 1972
  3. Commonwealth Ex Rel. Minerd v. MargiottiSupreme Court of Pennsylvania · 1936
  4. Dauphin County Grand Jury Investigation ProceedingsSupreme Court of Pennsylvania · 1938
  5. Commonwealth v. LehmanSupreme Court of Pennsylvania · 1932

19 more not listed; retrieve them via the Exa API.

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