58 Pa. Super. 461 | Pa. Super. Ct. | 1914
Opinion by
It appears by the record that the defendant was charged, upon the information of the appellant, with selling liquor without license; that after hearing the defendant was held to bail for his appearance at court and in default was committed to jail; that after the proceedings were returned to court three successive subpoenas were issued directing the appellant to appear on certain dates to testify on behalf of the commonwealth in the case; and that on May 6, 1914, the prosecutor not appearing, the defendant was discharged. The prosecutor was not under recognizance to appear. A few days after the defendant was discharged the district attorney without any precedent authorization by the court caused process in the form of a bench warrant to be issued by the clerk by virtue of which the appellant was arrested in another county and subsequently brought before the court. Thereupon the court made the order from which this appeal was taken. We quote the order verbatim: "Now, July 24, 1914, Rule made absolute, and the court sentence William Daley, prosecutor, to pay a fine of eleven hundred eighty-six and 39/100 (1,186.39) dollars within ten days and be in the hands of the sheriff until the fulfillment of this sentence. In failure to pay said fine, said Wm. Daley to undergo an imprisonment in the county jail for the period of three months!” While this order indicates that it was made pursuant to a rule, the record fails to show that any rule whatever was pending.
The order is reversed and the appellant is discharged.