166 Pa. 179 | Pa. | 1895
Opinion by
The defendants moved to quash the indictment, alleging in support of their motion that it was not authorized by or in conformity with the information, that it did not state in what coqnty the offences were committed, and that the counts were repugnant. The learned court below, without expressing any opinion in regard to these objections, quashed the first count on the ground that it did not state whether the offence charged in it was committed “in the night time or in the day time,” and sustained the second count. It may be inferred from this ruling that the court did not consider the objections tenable, and such an inference would accord with our conclusion based on an examination of the information and the indictment. It is manifest from the brief opinion filed that the court thought the
In drawing an indictment under the statute it is well to use its language, but as “ feloniously ’’ includes “ maliciously ” the substitution of the former for the latter is not fatal to the count in which it appears. There was no misjoinder of counts because the matters charged in the second were a part of the affair to which the first related. The fact that the information did not contain as full and specific a statement of the offence as the indictment did, furnished no ground for quashing the latter or-either count of it. If there was room for surprise an applieacation for time to prepare to meet the graver charge would have been allowed.
The order quashing the first count in the indictment is re versed and a procedendo is awarded.