Hoffman v. Commonwealth
Supreme Court of Pennsylvania
ERROR TO THE COURT OF QUARTER SESSIONS OF WESTMORELAND COUNTY. No. 35 October Term 1887, Sup. Ct.; court below, No. 109 August Term 1887, Q. S. On September 9,1887, an indictment of Frederick Hoffman and twenty-one others for “ Malicious Trespass ” was found a true bill.
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ERROR TO THE COURT OF QUARTER SESSIONS OF WESTMORELAND COUNTY. No. 35 October Term 1887, Sup. Ct.; court below, No. 109 August Term 1887, Q. S. On September 9,1887, an indictment of Frederick Hoffman and twenty-one others for “ Malicious Trespass ” was found a true bill. The first count charged that the defendants, “ with force and arms, etc., in and upon the lands of one Geofge F. Dibble, there situate, did commit a wilful and malicious. trespass, and then and there, without the consent of the said George F. Dibble, did maliciously and wilfully walk over, dig up, and otherwise injure the…
1Opinion of the Court
Opinion,
Me. Justice Williams :
The question raised in this case is one of jurisdiction.
*79The act of 1860 defined and provided for the punishment of malicious trespass. Jurisdiction was given to justices of the peace, whose decision was final. The punishment was by fine not less than five dollars nor more than one hundred, and upon conviction the justice fixed the amount of fine and pronounced sentence accordingly. If the fine was not paid, the justice committed the defendant to jail, for not less than twenty nor more than sixty days. If it was paid, one half of the amount went to the owner of…
2Cited by4 opinions
- Commonwealth v. HooperSuperior Court of Pennsylvania · 1914
- Commonwealth v. ClarkSuperior Court of Pennsylvania · 1896
- Commonwealth v. BobarskySchuylkill County Court of Quarter Sessions · 1924
- Commonwealth v. Fairgraves, Pennsylvania Court of Common Pleas, Erie County1925