Legal Opinion

Commonwealth v. Beldham

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 121PublishedCited by 9 opinions

Appeal, No. 121, April T., 1900, by-defendant, in suit of Commonwealth against George Beldham, from sentence of Q. S. Armstrong Co., Sept. Sess., 1899, No. 41, on verdict of guilty. Opinion by Orlady, J. Indictment for keeping a tippling and disorderly house and selling liquor without a license. Before Rayburn, P. J. It appears from the record that the indictment was sent to the grand jury by the district attorney upon a constable’s return.

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Appeal, No. 121, April T., 1900, by-defendant, in suit of Commonwealth against George Beldham, from sentence of Q. S. Armstrong Co., Sept. Sess., 1899, No. 41, on verdict of guilty. Opinion by Orlady, J. Indictment for keeping a tippling and disorderly house and selling liquor without a license. Before Rayburn, P. J. It appears from the record that the indictment was sent to the grand jury by the district attorney upon a constable’s return. Defendant moved to quash the indictment for the following reasons: [1. There is no information to support the indictment.] [1] [2. The return of the…

1Opinion of the Court

Opinion by

Orlady, J.,

The prosecution in this case was founded upon the return of the constable of Apollo. borough, who, under oath, made answer to questions which are regularly propounded to all such officers. He clearly specified the offense of the defendant, and gave the names of the witnesses who could prove the fact. Pursuant to a practice which prevails in many counties of the commonwealth, the constable’s return was delivered to the district attorney and a bench warrant was issued for the arrest of the defendant. An indictment was submitted to the grand jury before leave of court in…

2Cases cited9 opinions

  1. Commonwealth v. GreenSupreme Court of Pennsylvania · 1889
  2. Appeal of HartranftSupreme Court of Pennsylvania · 1877
  3. Brown v. CommonwealthSupreme Court of Pennsylvania · 1874
  4. Rowand v. CommonwealthSupreme Court of Pennsylvania · 1876
  5. McCullough v. CommonwealthSupreme Court of Pennsylvania · 1871

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McNair's PetitionSupreme Court of Pennsylvania · 1936
  2. Commonwealth v. O'BRIENSuperior Court of Pennsylvania · 1956
  3. Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
  4. Commonwealth v. HackneySuperior Court of Pennsylvania · 1935
  5. Commonwealth v. RamseySuperior Court of Pennsylvania · 1910

4 more not listed; retrieve them via the Exa API.

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