11 Pa. Super. 130 | Pa. Super. Ct. | 1899
Opinion by
This is an appeal from the judgment of the common pleas reversing on certiorari the judgment of an alderman, ex officio justice of the peace, for the penalty prescribed by section 3 of the Act of May 21, 1885, P. L. 22. That the provision of section 22'of the Act of March 20, 1810, 5 Sm. L. 172, relative to the finality of the judgment of the common pleas on certiorari, does not apply to a proceeding in the name of the commonwealth
But if the 22d section of the act of 1810 does not apply in the particular above considered, neither does it control in the determination of what are the essentials of a valid record in a proceeding for a criminal offense.
The judgment entered against the defendant, leaving out the parts not material here, was in the form following: “ And now, September 14, 1897, the defendant, C. Davison, is adjudged guilty of violating section 3 of the act of ... . 21st May, A. D. 1895, .... and judgment is publicly given by default .... in the penalty of one hundred dollars,” etc. As is shown in the opinion of the court below, and frankly conceded by counsel for the appellant, this part of the record, standing alone, would be insufficient to sustain the judgment, because it fails to set forth which of the several offenses, specified in the section referred to, the defendant was adjudged guilty of. But it is to be borne in mind the action was begun by a summons under a statute which provides that the penalty shall be recoverable as debts of like amount are recoverable. All the technical rules governing summary convictions do not apply with the same strictness to such a proceeding. Hence it has been held that, although the record does not set forth, in so many words, that the defendant was convipted of the offense, a finding to that effect is implied in giving judgment for the penalty: Garman v. Gamble, 10 W. 382. By an extension of this principle, and not to be hypercritical, we, perhaps, would be justified in saying that, by reasonable intendment, the particular offense of which the alderman adjudged the
Whilst, as has been said, some of the technical formalities of a summary conviction have been dispensed with, and, indeed, never were insisted on with the same strictness where the penalty is recoverable as debts of like amount are recoverable, yet the essential principles governing such proceedings, necessary for the protection of the citizen, have never been relaxed, and many of them are as applicable to an action, which in its true nature and effect is a proceeding for the punishment of a criminal offense, although in form an action of debt, as to a summary conviction. It is still essential, that the record shall contain a finding, set forth in express terms, or to be implied with certainty, that a special act has been performed by the defendant, and that it shall describe or define it, in such a way, as to individuate it, and show that it falls within an unlawful class of acts. Without this, a judgment that the law has been violated goes for nothing. “Now, this is not merely a formal or technical rule of summary convictions, but a most essential and substantial one: ” Com. v. Nesbit, 34 Pa. 398; Reid v. Wood, 102 Pa. 312.
The court was right in sustaining the sixth and seventh exceptions to the alderman’s record; therefore it is unnecessary for us to discuss the others.
The judgment is affirmed.