Commonwealth v. Brennan
This text of 44 A. 498 (Commonwealth v. Brennan) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant was tried upon an indictment found regularly by the grand jury upon examination of witnesses after information made before a magistrate. A trial was had upon the merits and the defendant was duly convicted of murder of tbe first degree. On the trial a motion was made to quash the indictment because it was not found after an information sworn to and subscribed before the committing magistrate. While the defendant might have been heard on that subject upon a proceeding to be discharged from custody on the ground of an illegal commitment, it is certainly too late after indictment found upon the trial of the cause. The finding of the indictment cannot be invalidated for any such reason.
The judgment is affirmed and the record is remitted for the purpose of execution according to law.
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Cite This Page — Counsel Stack
44 A. 498, 193 Pa. 567, 1899 Pa. LEXIS 1167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-brennan-pa-1899.