Commonwealth v. Gaines
Superior Court of Pennsylvania
Appeal, No. 118, Oct. T., 1909, by Thompson Hudson, from order of Q. S. Chester Co., Jan. T., 1909, No. Ill, refusing to set aside finding of grand jury as to costs in case of Commonwealth v. Frank Gaines and Harvey Bond. Hearing on objections to the payment of costs imposed by a grand jury.
Read the full summary
Appeal, No. 118, Oct. T., 1909, by Thompson Hudson, from order of Q. S. Chester Co., Jan. T., 1909, No. Ill, refusing to set aside finding of grand jury as to costs in case of Commonwealth v. Frank Gaines and Harvey Bond. Hearing on objections to the payment of costs imposed by a grand jury. At the hearing when Joshua Hibberd, foreman of the grand jury, was on the stand he was asked this question: “Q. When Mr. Paxson testified that one of the inducing facts for the action of the grand jury was the disgust-” Mr. Gawthrop: I object to that question. There is no such testimony in the case.…
1Opinion of the Court
Opinion by
Morrison, J.,
At the January Sessions, 1909, in Chester county, an indictment went before the grand jury in the above-entitled case and the record proper shows that Nora Williams’ name was indorsed on the indictment as prosecutrix and that the name of Thompson Hudson was upon the indictment as a witness. The presumption of law is that his name was properly placed upon the indictment by the district attorney and’ that the grand jury would discharge its duty and call him and hear his testimony before ignoring the bill. Moreover, it is a conceded fact that he went before the grand jury…
2Cases cited5 opinions
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1889
- Guffy v. CommonwealthSupreme Court of Pennsylvania · 1853
- Commonwealth v. EdmistonSuperior Court of Pennsylvania · 1906
- Gordon v. CommonwealthSupreme Court of Pennsylvania · 1880
- Commonwealth v. BealeSuperior Court of Pennsylvania · 1902
3Cited by4 opinions
- Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
- Commonwealth v. RossSuperior Court of Pennsylvania · 1914
- Commonwealth v. McCarthySuperior Court of Pennsylvania · 1917
- Commonwealth v. BenderClarion County Court of Quarter Sessions · 1928