59 Pa. Super. 607 | Pa. Super. Ct. | 1915
Opinion by
The defendant is a practicing physician and as such was charged with failing to make report of a case of
Two facts appear in the testimony. The case treated was diphtheria and the doctor failed to report the case. The two elements essential to conviction were present. The defendant interposed the defense that he did not know the disease was present. Whether his explanation was credible was to be determined by the justice and the court respectively and both came to the conclusion that the defendant was guilty. We are satisfied that upon the merits, the conviction of the defendant was just. However, the consideration of the testimony is unnecessary on our part. The proceeding being a summary conviction and not according to the course of the common law, the case comes before us as if on certiorari: Ruhlman v. Com., 5 Binney, 24; Diamond Street, Pittsburg, 196 Pa. 254; Venango Co. Licenses, 58 Pa. Superior Ct. 277, and Com. v. Layton, 45 Pa. Superior Ct. 582. We are therefore not concerned as to the testimony in the case, but our inquiry is limited as to the regularity of the proceedings. In this view of the case there are but two matters left for us to consider.
The first is the claim of the statute of limitations. The Act of June 18,1895, P. L. 203 is “an act to provide for the more efficient protection of the public health in the several municipalities of this commonwealth,” and as amended by the Act of April 22,1903, P. L. 244, provides that suit for the recovery of the fine for violation
The other matter is the question of costs. The justice of peace who sentenced the defendant imposed the costs upon him although the act of 1909, supra, under which he was sentenced provides merely for the imposi
Furthermore by a general law, the Act of April 17, 1876, P. L. 29, the legislature has given the court jurisdiction of the costs in summary convictions. That act provides “that upon the allowance of an appeal in cases of summary conviction the appeal shall be upon such terms as to payment of costs and entering bail as the court allowing the appeal shall direct.” The general practice in such cases is to require the defendant to enter bail for the costs which have accrued and which may accrue to be paid if the conviction is sustained. It would be an anomaly to hold that a defendant who does not appeal need pay no costs, and one who appeals
All the assignments of error are overruled and the order of the court is affirmed. Appellant for costs.