33 Pa. Super. 35 | Pa. Super. Ct. | 1907
Opinion by
The first assignment of error raises the same questions considered in Commonwealth v. Hughes, post, p. 90, in which an opinion was this day filed. We held that the court properly overruled the motion to quash the indictment, and for the reasons there given the first assignment of error is overruled.
The witness, Higgins, was one of the defendants, and was called to testify in his own behalf. Pie was indicted for conspiring with the other defendants to cheat and defraud the school district of Hanover township. One of the charges was that he fraudulently presented and collected a bill of $200 for services as county auditor for the year 1905. It appeared on his examination that he had received a similar amount for similar services for the year 1904. The court permitted the district attorney to ask the witness whether he did not return to the township $120 of the amount received by him for the year 1904; this for the purpose of showing guilty knowledge. The
The court acted with propriety in directing an investigation of the alleged attempt to influence one of the jurors. It was due to the orderly administration of justice that inquiry be made on the subject before the ease proceeded further. If such an attempt had succeeded a miscarriage of justice might have resulted, and it would have been a useless proceeding on the part of the commonwealth to have continued the trial of the case. No objection was made by the defendants to the examination of the juror, and it does not appear from his testimony that that which occurred had so prejudiced him as to disqualify him. He did not know in whose behalf the solicitation was made, and necessarily had no prejudice against any particular defendant. There is no reason for concluding that the verdict was influenced by the transaction disclosed by the juror. If .the disclosure of such an attempt constituted sufficient ground for withdrawing a juror and continuing the cause, the administration of justice might be successfully obstructed, for similar efforts might be made from time to time as succeeding trials occurred.
The third assignment raises the question whether the evidence offered by the commonwealth was sufficient to support