Commonwealth v. McHale
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions, of Schuylkill county : Of January Term 1880, Nos. 296, 297, 298, 299 and 300. These five cases were argued together. 'The record showed the following proceedings'in each case : On October 28th 1879, W. John Whitehouse made informations before a justice of the peace against the above-named defendants, charging them with the offences hereinafter particularly specified.
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Error to the Court of Quarter Sessions, of Schuylkill county : Of January Term 1880, Nos. 296, 297, 298, 299 and 300. These five cases were argued together. 'The record showed the following proceedings'in each case : On October 28th 1879, W. John Whitehouse made informations before a justice of the peace against the above-named defendants, charging them with the offences hereinafter particularly specified. All the defendants waived a hearing except McHale, to whom the justice gave a hearing, and on Monday November 3d 1879, bound him over to appear at court. The justice immediately returned…
1Opinion of the CourtJustice Paxson
Commonwealth v. MoHale, James T. Kelley, Feeney and OTHERS UNKNOWN.
Same v. Anthony MoI-Iale and others unknown.
The single assignment of error in each of the above cases is that the court below quashed the bill of indictment. As the cases are substantially identical they may be considered together.
The indictments were quashed upon the ground th.at the offences charged therein were barred by the Statute of Limitations. They were found by the grand jury on November 3d 1879. The time *405laid as the commission of the offence was November 5th 1877. This lacks two days of the limitation of two years…
2Cases cited2 opinions
- Commonwealth v. HoxeyMassachusetts Supreme Judicial Court · 1820
- Commonwealth v. SilsbeeMassachusetts Supreme Judicial Court · 1812
3Cited by83 opinions
- Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
- Commonwealth Ex Rel. Minerd v. MargiottiSupreme Court of Pennsylvania · 1936
- Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
- Smith v. GallagherSupreme Court of Pennsylvania · 1962
- Commonwealth ex rel. Specter v. MartinSupreme Court of Pennsylvania · 1967
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