Legal Opinion

Commonwealth v. Brown

Supreme Court of Pennsylvania

Decided January 5, 1891No. 200PublishedCited by 4 opinions

APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OF WESTMORELAND COUNTV. No. 200 October Term 1890, Sup. Ct.; court below, No. 76 May Term 1890, Q. S. On May 15,1890, the grand jury returned as a true bill an indictment charging J. Seward Brown with forcible detainer. The information upon which the indictment was based was sworn to on May 9, 1890, by Lizzie Ohr, the prosecutrix.

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APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OF WESTMORELAND COUNTV. No. 200 October Term 1890, Sup. Ct.; court below, No. 76 May Term 1890, Q. S. On May 15,1890, the grand jury returned as a true bill an indictment charging J. Seward Brown with forcible detainer. The information upon which the indictment was based was sworn to on May 9, 1890, by Lizzie Ohr, the prosecutrix. It did not allege that the prosecutrix had any estate or interest in the premises described as the subject of the offence charged, that she ever had possession thereof, or that the alleged unlawful holding, by…

1Opinion of the Court

OPINION,

Mr. Justice McCollum; :

The substance of the charge contained in the indictment in this case is that the appellant “ with force and arms ” unlawfully holds and beeps the possession of a certain store-room in the southern half of his building on Pennsylvania avenue, in the borough of Greensburg, while the possession of that room of right belongs to one Lizzie Ohr, who has leased it from him. It was regarded in the court below as a good indictment for the statutory offence of forcible detainer, and upon it the appellant was tried, convicted, and sentenced to pay a fine of twenty-five…

2Cited by4 opinions

  1. Commonwealth v. RobinsonSupreme Court of Pennsylvania · 1934
  2. Mayer v. Chelten Avenue Building Corp.Supreme Court of Pennsylvania · 1936
  3. Commonwealth v. RandallSuperior Court of Pennsylvania · 1916
  4. Commonwealth v. McManusSupreme Court of Pennsylvania · 1891

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