Commonwealth v. Garvey
Superior Court of Pennsylvania
Appeal, No. 257, Oct. T., 1917, by defendant, from judgment of Q. S. Schuylkill Co., March T., 1916, No. 285, on verdict of guilty in case of Commonwealth v. Frank Garvey. Indictment for perjury.
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Appeal, No. 257, Oct. T., 1917, by defendant, from judgment of Q. S. Schuylkill Co., March T., 1916, No. 285, on verdict of guilty in case of Commonwealth v. Frank Garvey. Indictment for perjury. Before Brumm, J. At the trial the following motion was made: “Mr. Berger: I desire to move for a continuance in the case on the ground that the civil issue out of which the case arises has not yet been determined by the court, and I think it is the practice in all such cases not to try the criminal matter arising out of a civil proceeding until the civil proceeding is determined, and for that reason…
1Opinion of the Court
Opinion by
Head, J.,
Under our law a conviction for the crime of perjury is followed by consequences of the most serious character. ' The trial of a citizen accused of such a crime should be conducted with that grave impartiality which ought to be the necessary incident of every judicial inquiry involving the life or the liberty of a human being.
The simple reading of the charge delivered by the learned trial judge in the case at bar, has convinced all of us it was a powerful argument for the conviction of the defendant. We cannot escape the conclusion its natural effect must have been to no…
2Cases cited1 opinion
- People v. . HayesNew York Court of Appeals · 1894
3Cited by5 opinions
- Commonwealth v. BartellSuperior Court of Pennsylvania · 1957
- Commonwealth v. BufordSuperior Court of Pennsylvania · 1955
- Commonwealth v. HiltonSupreme Court of Pennsylvania · 1919
- Commonwealth v. HiltonSuperior Court of Pennsylvania · 1918
- Commonwealth v. HiltonSuperior Court of Pennsylvania · 1918