Legal Opinion

Commonwealth v. Chartiers Railway

Superior Court of Pennsylvania

Decided May 17, 1905No. Appeal, No. 147PublishedCited by 4 opinions

Appeal, No. 147, April T., 1905, by defendant, from judgment of Q. S. Washington Co., Nov. T., 1903, No. 35, on verdict for plaintiff in case of Commonwealth v. Chartiers Railway Company. Indictment for maintaining a nuisance at a grade crossing.

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Appeal, No. 147, April T., 1905, by defendant, from judgment of Q. S. Washington Co., Nov. T., 1903, No. 35, on verdict for plaintiff in case of Commonwealth v. Chartiers Railway Company. Indictment for maintaining a nuisance at a grade crossing. Before McIlvaine, P. J. Errors assigned were as follows: 1. The court erred in that portion of its charge is as follows: “ Your verdict should be ‘not guilty,’ and as it is a misdemeanor, you should determine how the costs should be paid. You can put them on the defendant or on the county.” 2. The court erred in entering the following decree: “And…

1Opinion of the Court

Pee Curiam,

The first assignment of error relates to that part of the judge’s charge hr which, having directed the jury to render a verdict of not guilty, he instructed them that they should determine how the costs should be paid, and that they might put them on the defendant or on the county. To this assignment the district attorney raises the objection that no request for different instructions was made, and that no exception was taken to the charge, and therefore it is not before us for review. This objection is well taken. The subject of the second assignment of error is the judgment. But…

2Cases cited4 opinions

  1. Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
  2. Commonwealth v. DoyleSuperior Court of Pennsylvania · 1901
  3. Guffy v. CommonwealthSupreme Court of Pennsylvania · 1853
  4. Commonwealth v. ChartersSuperior Court of Pennsylvania · 1902

3Cited by4 opinions

  1. Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
  2. Commonwealth v. JonesWashington County Court of Quarter Sessions · 1928
  3. Commonwealth v. RhodesDelaware County Court of Quarter Sessions · 1937
  4. Commonwealth v. TaorminaMontgomery County Court of Quarter Sessions · 1935

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