173 Pa. Super. 197 | Pa. Super. Ct. | 1953
Opinion by
This is an appeal by the Attorney General of the Commonwealth of Pennsylvania from an order
On January 27, 1953, the Attorney General presented a petition to the Court of Quarter Sessions of Allegheny County requesting the court to “modify its order of January 21, 1953, by limiting the investigation of the grand jury to criminal acts committed in Allegheny County.” In his petition the Attorney General asserted that the supervision and the administration of all state institutions, including the Western State Penitentiary, were the responsibility of the Department of Welfare; that the Western State Penitentiary is a state institution and a branch of the Executive Department of the Commonwealth; that the Court of Quarter Sessions of Allegheny County had no lawful authority to direct a grand jury investigation of the executive branch of the state government; and that the Secretary of Welfare and the Attorney General were presently conducting an investigation of the outbreak in the state penitentiary. It was further set forth that the Governor of the Commonwealth had announced the ap
We are all of the opinion that, under the circumstances disclosed by this record, the Court of Quarter Sessions of Allegheny County abused its discretion in entering the order refusing the petition of the Attorney General to limit the grand jury investigation to criminal acts committed in Allegheny County. “Judicial discretion requires action in conformity with law upon the facts and circumstances before the court after hearing and due consideration”: Philadelphia County Grand Jury Investigation Case, 347 Pa. 316, 326, 32 A. 2d 199, 204.
An extended review and analysis of the decisions of the courts of this Commonwealth are unnecessary. The applicable and controlling principles having been exhaustively stated therein, we shall make only brief references to the established law. A grand jury is an arm of the criminal court, and criminal acts alone must be the foundation of its deliberations. McNair’s Petition, 324 Pa. 48, 58, 187 A. 498. The sole objective of grand jury investigations is to ascertain whether the criminal law has been violated and to bring the guilty ones to justice. Margiotti Appeal, 365 Pa. 330, 340, 75 A. 2d 465. A court of quarter sessions has no power to set such an inquiry in motion unless it has reasonable cause to believe that an investigation will disclose some criminal misconduct which is within its jurisdiction to
In the present proceedings, as in Dauphin County Grand Jury Investigation Proceedings (No. 1), supra, 332 Pa. 289, 306, 2 A. 2d 783, the legal sufficiency of
As an inquisitorial body the grand jury is confined to the investigation of violations of the criminal laws, and then within prescribed limitations. The power of the court to initiate such investigation is likewise limited.4 There is no power in the Court of Quarter Sessions to order an investigation into the conduct and manage
The order of the Court of Quarter Sessions of Allegheny County is reversed, and the petition of the Attorney General is granted; the subject of investigation shall be the criminal acts of those involved in escape and riot at the Western State Penitentiary.
The Superior Court has jurisdiction of an appeal from an order of the court of quarter sessions of the peace. Act of June 24, 1895, P. L. 212, §7 (a), 17 PS §182.
The Western State Penitentiary is a state institution under the supervision and control of the executive branch of the state government. Act of April 9, 1929, P. L. 177, §§201 and 202, as amended, and §2302, 71 PS §§61, 62, 592.
It was conceded at the argument that the question involved was not moot, although the petition of the District Attorney was returnable to the January, 1953, grand jury. See Shenker v. Harr, 332 Pa. 382, 2 A. 2d 298.