Shovlin v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Luzerne county: Of January Term, 1884, No. 167. Indictment against Charles Shovlin, Charles W. Tammany and Hiram Rhoades, containing' two counts, viz., (1) aggravated assault and battery; (2) assault and battery on one T. E. Bowser.
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Error to the Court of Quarter Sessions of Luzerne county: Of January Term, 1884, No. 167. Indictment against Charles Shovlin, Charles W. Tammany and Hiram Rhoades, containing' two counts, viz., (1) aggravated assault and battery; (2) assault and battery on one T. E. Bowser. On the trial, before Woodward, J., the following facts appeared: At a meeting of the Lee Park Trotting Association, held in June, 1883, one Bowser secured the privilege of putting up a gambling apparatus in the Park. Complaint of this fact was made to some of the constables of Wilkesbarre, among others to C. W. Tammany,…
1Opinion of the CourtJustice Sterrett
After prohibiting various forms of gambling, prescribing penalties therefor, etc., our Crimes Act of March 31st, 1860, declares, “It shall and may be lawful for any sheriff, constable or other officer of justice, with or without warrant, to seize upon, secure and remove any device or machinery of any kind, character or description whatsoever, used and employed for the purpose of unlawful gaming as aforesaid, and to arrest, with or without warrant, any person setting up the same.”
It is not seriously questioned that Bowser, the person on whom the alleged assault and battery was committed, was…
2Cited by11 opinions
- Commonwealth v. NegriSupreme Court of Pennsylvania · 1964
- Commonwealth v. DuerrSuperior Court of Pennsylvania · 1945
- Roberson v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Heinzman v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Everette v. City of New KensingtonSuperior Court of Pennsylvania · 1978
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