Legal Opinion

Commonwealth v. Frey

Supreme Court of Pennsylvania

Decided May 22, 1865PublishedCited by 13 opinions

Error to the Quarter Sessions of York county. At April Sessions 1864, David A. Erey was indicted under the 119th section of the revised Penal Code for obtaining a promissory note from Amos Markle, for the sum of $800, under the alleged false pretence that said Markle was legally drafted into the service of the" United States on the 16th of October 1862, to serve for nine months.

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Error to the Quarter Sessions of York county. At April Sessions 1864, David A. Erey was indicted under the 119th section of the revised Penal Code for obtaining a promissory note from Amos Markle, for the sum of $800, under the alleged false pretence that said Markle was legally drafted into the service of the" United States on the 16th of October 1862, to serve for nine months. The first count charged the defendant with “ obtaining a promissory note from one Amos Markle for the payment of the sum of $300, by falsely pretending that he, the said Amos Markle, was legally drafted into the…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

By the Criminal Procedure Act of 1860, modelled after the Act of 14 & 15 Vict. c. 100, the extreme niceties and refined technicalities which prevailed in relation to indictments are abolished, and an indictment now is little more than a simple statement of the offence, such as good sense and regard for the accused alone would suggest. By the 11th section it is expressly provided that every objection to any indictment for any formal defects apparent on the face thereof, shall he taken ■ by demurrer, or on motion to quash such indictment before…

2Cited by13 opinions

  1. Commonwealth v. CampbellSuperior Court of Pennsylvania · 1934
  2. Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
  3. Commonwealth v. BargeSuperior Court of Pennsylvania · 1899
  4. Commonwealth v. YonSuperior Court of Pennsylvania · 1975
  5. Commonwealth v. MillerSuperior Court of Pennsylvania · 1906

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