Commonwealth v. Neff

Bell, P. J.,

The indictment in this case charges that the defendants, being the Supervisors of Chest Township, did so neglect and refuse to keep in repair a certain public road that its condition became such as to amount to a public nuisance. A motion to quash has been filed, which avers that the supervisors are not indictable, either at common law or under any statute, for failure to repair and maintain the township road. At bar there was some discussion about the indictment departing from the theory of the information, but, as we look at it, the facts averred in the information fully support…