Commonwealth Ex Rel. Minerd v. Margiotti

Opinion by

Mr. Justice Schaffer,

The broad question here involved is the power and status of the Attorney General in criminal proceedings.

Whether the remedy invoked, quo warranto, is the proper one, under the circumstances, we pass by, in order that important principles in the administration of the criminal law may be settled. The propriety of the remedy was not challenged by the respondent, the Attorney General. It may be open to doubt.

A killing took place in Fayette County on September 12, 1936. Frank C. Monaghan, the man whose life is alleged to have been unlawfully taken, was at the time…