71 Pa. Super. 567 | Pa. Super. Ct. | 1919
Opinion by
We have in this case two specifications of error, neither of which has any bearing on the guilt or innocence of the appellant, nor indicates the deprivation of any of his substantial rights. We will dispose of the specifications in the order in which the rulings complained of were made in the court below. The second specification alleges error in the action of the court in overruling the motion to quash the indictment. This specification does not set forth the reasons averred by the defendant for quashing the indictment, all that is contained in the
The information was sworn to before the justice on March 4,1918, and the warrant on that day issued to the constable. The transcript of the proceedings before the justice, endorsed on the information, recited that the constable “located” the defendant on March 5th and told him he was under arrest, the defendant asked permission to go and see his attorney and told the constable to wait at Alderman Michael’s office and he would be there in a few minutes to give him bail. The constable went to Alderman Michael’s office and while waiting there was called on the telephone by defendant who said that he would not be there, that he intended to leave. The constable made every effort to locate the defendant,even going so far as to search his house, and was unable to locate him, “and he is therefore now a fugitive from justice.” The sworn return of the constable, attached to the information, recited the facts set forth in the transcript. The facts thus stated certainly disclosed that the constable was negligent, but they also clearly indicated that the defendant had escaped from the officer by a trick after being notified that he was under arrest. There can be no doubt that one charged with crime who
The first specification of error complains of the action of the court in overruling the defendant’s motion to quash the array of petit jurors, summoned for March sessions, 1918. The motion to quash the array was upon the ground that the list of names selected and placed in the wheel for the year 1918 was not certified as provided by Section 3 of the Act of March 18, 1874, P. L. 46. The facts with regard to this matter are upon all hands admitted to be correctly stated by the learned judge of the court below, and are as follows: On January 29, 1918, a certificate in the form required by Section 3 of the Act of March 18,1874, P. L. 46, was prepared and signed by the jury commissioners and an additional law judge prior to the filing in the prothonotary’s office of the list of jurors selected by said officials and placed in the jury wheel for the year 1918. The clerk of the jury commissioners, who witnessed the signatures, attached said certificate to the minutes of the board composed of said officers, and filed a duplicate copy of the list, instead of attaching it to the list filed in the prothonotary’s office as required by law. This was an inadvertence. After the motion to quash the array had been filed, the court ordered the certificate to be detached from the minutes
The judgment is affirmed and it is ordered that the defendant appear in the court below at such time as he may be there called and that he be by that court committed until, he has complied with the sentence or any part of it which had not been performed at the time the appeal in this case was made a supersedeas.