Commonwealth v. Charters
Superior Court of Pennsylvania
Appeal, No. 96, April T., 1902, by plaintiff, from order of Q. S. Allegheny Co., Sept. T., 1901, No. 641, refusing to remand an indictment to the grand jury in case of Commonwealth, James Terr}-, Special Agent of the Dairy & Food Commissioner, v. S. B. Charters. Indictment for illegally selling oleomargarine. Petition by James Terry to have an indictment remanded to grand jury.
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Appeal, No. 96, April T., 1902, by plaintiff, from order of Q. S. Allegheny Co., Sept. T., 1901, No. 641, refusing to remand an indictment to the grand jury in case of Commonwealth, James Terr}-, Special Agent of the Dairy & Food Commissioner, v. S. B. Charters. Indictment for illegally selling oleomargarine. Petition by James Terry to have an indictment remanded to grand jury. The petition was as follows : That he is the agent of the dairy and food commissioner of the commonwealth of Pennsylvania, employed in such capacity for a number of years, and engaged in the performance of his duties…
1Opinion of the Court
Opinion by
Rice, P. J.,
The case of Guffy v. Commonwealth, 2 Grant, 66, came before the Supreme Court on writ of error to the court of quarter sessions, and brought up for review an order setting aside the verdict of a jury on an indictment charging a misdemeanor, so far as the imposition of the costs upon the prosecutor was concerned. The order was affirmed by a bare majority; but the decision has not been questioned in any later Supreme Court case, and it has been generally followed by the lower courts. See 4 P. & L. Dig. of Dec. col. 6092, and the cases there cited. The point actually…
2Cases cited2 opinions
- Commonwealth v. DoyleSuperior Court of Pennsylvania · 1901
- Guffy v. CommonwealthSupreme Court of Pennsylvania · 1853
3Cited by15 opinions
- Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
- Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
- Commonwealth v. BollingerSuperior Court of Pennsylvania · 1979
- Commonwealth v. KintzSuperior Court of Pennsylvania · 1922
- Commonwealth v. McNabbSuperior Court of Pennsylvania · 1927
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