Commonwealth v. Hans
Superior Court of Pennsylvania
Appeal, No. 56, April T., 1918, by plaintiff, from order of Q. S. Cambria Co., June Sessions, 1917, No. 100, quashing indictment in case of Commonwealth v. Prank Hans. Indictment for assault. At the trial the court on motion quashed the indictment without stating any reason therefor, and without any reasons in support of the motion having been filed.
Read the full summary
Appeal, No. 56, April T., 1918, by plaintiff, from order of Q. S. Cambria Co., June Sessions, 1917, No. 100, quashing indictment in case of Commonwealth v. Prank Hans. Indictment for assault. At the trial the court on motion quashed the indictment without stating any reason therefor, and without any reasons in support of the motion having been filed. The record did not show that the defendant had made any application to be discharged prior to the time when the case was called for trial Error assigned was order quashing the indictment.
1Opinion of the Court
Opinion by
Head, J.,
On March 15,1917, an information in writing, verified by the oath of a citizen or resident of Cambria County, was lodged before a magistrate of Croyle Township. It charged that the defendant emerging from a hotel came towards the prosecutor with an open knife in his hand. Fearing he was about to be stabbed, the prosecutor attacked the defendant and took his knife from him. He therefore asked for a warrant for the arrest of the defendant on the charge of “assault with intent,” etc. The defendant had a hearing and ivas held in bail to appear at the next Court of Quarter…
2Cases cited2 opinions
- Commonwealth v. BrennanSupreme Court of Pennsylvania · 1899
- Commonwealth v. MalliniSupreme Court of Pennsylvania · 1906
3Cited by21 opinions
- Commonwealth v. KeeganSuperior Court of Pennsylvania · 1918
- Commonwealth Ex Rel. DiDio v. BaldiSuperior Court of Pennsylvania · 1954
- Commonwealth v. WeinsteinSuperior Court of Pennsylvania · 1954
- Commonwealth v. Magid and DicksteinSuperior Court of Pennsylvania · 1927
- Commonwealth v. WidemanSuperior Court of Pennsylvania · 1942
16 more not listed; retrieve them via the Exa API.