Commonwealth Ex Rel. Jenkins v. Costello

Opinion by

Parker, J.,

This is an appeal from an order of a court of common pleas sustaining a summary conviction for disorderly conduct by a justice of the peace where the record was brought into that court on a writ of certiorari. No evidence was taken by either party and the court disposed of the matter after argument from an inspection of the record. The record is attacked on the grounds that it does not sustain the jurisdiction of the justice of the peace and that it shows lack of due process in violation of the state and federal constitutions.

The charge was intended to be made under The…