Commonwealth v. Fabrizio

Pinola, J.,

Counsel for defendants, Louis Fabrizio and Robert L. Dougherty, have filed a motion to quash an indictment in which it is charged that they, on January 22, 1959, “with force and arms, in and upon one Daniel Stefanides . . . unlawfully did make an assault and him the said Daniel Stefanides then and there unlawfully did kill and slay contrary to the form of the Act of the General Assembly in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania.”

Five reasons are assigned in support of the motion and they read as follows:

“1. That the said…