Legal Opinion

Commonwealth v. Dukehart

Superior Court of Pennsylvania

Decided April 16, 1901No. Appeal, No. 10PublishedCited by 4 opinions

Appeal, No. 10, March T., 1900, by defendant, from order of C. P. Franklin Co., Dec. T., 1898, No. 104, affirming order of justice of the peace in case of Commonwealth v. I. Frederick Dukehart, John W. Lohman and Harry Helman. Certiorari to justice of the peace.

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Appeal, No. 10, March T., 1900, by defendant, from order of C. P. Franklin Co., Dec. T., 1898, No. 104, affirming order of justice of the peace in case of Commonwealth v. I. Frederick Dukehart, John W. Lohman and Harry Helman. Certiorari to justice of the peace. The information upon which the defendants were arrested was as follows: “ State of Penna., ) County of Franklin, j ss’ “ On this 11th day of Oct., A. D., 1898, personally appeared before me a Justice of the Peace within and for the county aforesaid Harry Creager who being duly sworn according to Law Says that three Debts Fredric…

1Opinion of the Court

Pee Curiam,

It is true it was not set forth in so many words on the docket of the justice that the offense was committed within the county of Franklin, but the information, which for present purposes is to be taken as part of the record, set forth that fact, so that, taking the record as a whole, we cannot say that it fails to show that the justice had jurisdiction.

There is plausibility in the contention of defendant’s counsel that the record of the conviction ought to show the alternative duration of imprisonment to be suffered on failure to pay. the forfeiture or furnish a sufficient…

2Cases cited1 opinion

  1. Commonwealth v. BordenSupreme Court of Pennsylvania · 1869

3Cited by4 opinions

  1. Commonwealth v. TrymanSuperior Court of Pennsylvania · 1916
  2. Commonwealth v. Blubaugh, Pennsylvania Court of Common Pleas, Franklin County1948
  3. Commonwealth v. Hurley, Pennsylvania Court of Common Pleas, Washington County1925
  4. Commonwealth v. WheelerAdams County Court of Quarter Sessions · 1940

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