Commonwealth v. Railway Co.
Superior Court of Pennsylvania
Appeal, No. 150, April T., 1899, by-defendant, in suit of Commonwealth of Pennsylvania against Allegheny Valley Railway Company, from sentence of Q. S. Allegheny Co., Dee. Sess., 1898, No. 388, on verdict of guilty. Opinion by Rice, P. J. Indictment for maintaining a public nuisance.
Read the full summary
Appeal, No. 150, April T., 1899, by-defendant, in suit of Commonwealth of Pennsylvania against Allegheny Valley Railway Company, from sentence of Q. S. Allegheny Co., Dee. Sess., 1898, No. 388, on verdict of guilty. Opinion by Rice, P. J. Indictment for maintaining a public nuisance. It appears from the record that the offense charged is substantially that the Allegheny Valley Railway Company, the defendant, from the 1st day of July, 1898, to the time of the inquisition, maintained a public nuisance within the county of Allegheny. That at the time of the original construction of what is known…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. One test to ascertain whether a plea of autrefois acquit be a good bar, is whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first: Heikes v. Commonwealth, 26 Pa. 513. Whether a former acquittal was for the same offense depends on the record pleaded, and not on the argument or inference deduced therefrom. If that record shows that the evidence necessary to support a conviction on the present in*346dictment would have been insufficient to procure a legal conviction on the former, the plea of…
2Cases cited12 opinions
- Commonwealth ex rel. Attorney General v. Bala & Bryn Mawr Turnpike Co.Supreme Court of Pennsylvania · 1893
- Hilands v. CommonwealthSupreme Court of Pennsylvania · 1886
- Northern Central Railway Co. v. CommonwealthSupreme Court of Pennsylvania · 1879
- Pittsburgh, Virginia & Charleston Railway Co. v. CommonwealthSupreme Court of Pennsylvania · 1882
- Heikes v. CommonwealthSupreme Court of Pennsylvania · 1856
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commonwealth v. VeleySuperior Court of Pennsylvania · 1916
- Commonwealth v. HazlettSuperior Court of Pennsylvania · 1900
- Commonwealth v. ForneySuperior Court of Pennsylvania · 1926
- Riley v. Pennsylvania Co.Superior Court of Pennsylvania · 1907
- Port Vue Borough v. Pittsburgh, &c., Railroad, Pennsylvania Court of Common Pleas, Alleghany County1928
2 more not listed; retrieve them via the Exa API.