Commonwealth v. Shutte
Supreme Court of Pennsylvania
APPEAL BY DEBEND ANT FROM THE COURT OF OYER AND TERMINER OF ARMSTRONG COUNTY. No. 286 October Term 1889, Sup. Ct.; court below, No. 1 September Term 1889, O. and T. On September 3,1889, the grand jury returned as a true bill an indictment of Alvira Sbutte, in two counts; the first count charging robbery, and the second, larceny. On September 10th, the indictment was certified into the Court of Oyer and Terminer, and on the same day was called for trial.
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APPEAL BY DEBEND ANT FROM THE COURT OF OYER AND TERMINER OF ARMSTRONG COUNTY. No. 286 October Term 1889, Sup. Ct.; court below, No. 1 September Term 1889, O. and T. On September 3,1889, the grand jury returned as a true bill an indictment of Alvira Sbutte, in two counts; the first count charging robbery, and the second, larceny. On September 10th, the indictment was certified into the Court of Oyer and Terminer, and on the same day was called for trial. Before the jury was sworn, the defendant by her counsel moved the court to compel the commonwealth to elect upon which count the defendant…
1Opinion of the Court
Per Curiam :
The defendant below was convicted of the offence of larceny as bailee. The indictment contained two counts; one charging robbery, and the other larceny as bailee. It was found in the Quarter Sessions, and certified into the Oyer and Terminer. The jury acquitted the defendant upon the count charging robbery, and she now contends that the count upon which she was convicted was improperly joined with that for robbery, which is exclusively triable in the Ctyer and Terminer. In other words, that the Oyer and Terminer can only try indictments found in the Quarter Sessions, and certified…
2Cases cited1 opinion
- Hunter v. CommonwealthSupreme Court of Pennsylvania · 1875
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