274 Pa. 467 | Pa. | 1922
By formal indictment, the relator was charged with murder by the grand jury of Indiana County, in December, 1921; his trial took place at the March term following, and the case was submitted to the jury on the 18th of that month; on the 20th, a note was addressed
The relator was regularly indicted, and is held in custody under a proper commitment; his claim of former jeopardy rests on questions of fact, and the customary way of raising the objection now called to our attention is by formal plea: “The defenses of former jeopardy or of former acquittal or conviction, do not entitle the
At an early date this court dismissed a writ where there had been an acquittal on some counts of an indictment, no verdict on remaining counts, and jury discharged (Com. v. Deacon, 8 S. & R. 71, 72), saying: “It appears that Roosewelt and Eddy are in custody by order of the mayor’s court, and that an indictment against them is still depending in that court. No judgment has been given on the verdict, nor do we know what judgment will be given; but we know that the mayor’s court has jurisdiction over the offenses with which the prisoners are charged, and, if it should give an erroneous judgment, remedy may be had by writ of error, which will bring the case properly before us. We are of opinion that it would be improper to discharge the prisoners under the present circumstances, and therefore they are remanded to the custody of the keeper of the prison.”
No sufficient reason has been suggested why the questions of law and fact involved in the present application should not be determined in the regular and ordinary way: Com. v. McAleese, 192 Pa. 410. If error be committed in the disposition of the questions raised, the complaint can then be brought to our attention in the man
The rule to show cause is accordingly discharged, and the petition dismissed at the relator’s costs.