Commonwealth v. Harpster

Superior Court of Pennsylvania

Commonwealth v. Harpster

63 Pa. Super. 74, 1916 Pa. Super. LEXIS 102

CourtSuperior Court of Pennsylvania

DecidedApril 17, 1916

DocketAppeal, No. 32

StatusPublished

Cited by1 cases

This text of 63 Pa. Super. 74 (Commonwealth v. Harpster) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Harpster, 63 Pa. Super. 74, 1916 Pa. Super. LEXIS 102 (Pa. Ct. App. 1916).

Pincite

Opinion

Per Curiam,

It is well settled, on both reason and authority, that the pendency of an indictment is not good ground for a plea in abatement to another indictment, in the same court for the same cause. Whenever either of them — and it matters not which, — is tried and judgment pronounced thereon, such judgment will afford a good plea in bar to the other, either of autrefois convict, or autrefois acquit; [75]*75but nothing short of conviction or acquittal will support such a plea: Commonwealth v. Ramsey, 42 Pa. Superior Ct. 25.

The disputed facts were fairly and adequately presented to the jury, and the evidence warranted the verdict it returned. The rule for a new trial was properly discharged, and the judgment is affirmed; the record remitted to the court below that sentence of the court may be fully carried into effect.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam,

It is well settled, on both reason and authority, that the pendency of an indictment is not good ground for a plea in abatement to another indictment, in the same court for the same cause. Whenever either of them — and it matters not which, — is tried and judgment pronounced thereon, such judgment will afford a good plea in bar to the other, either of autrefois convict, or autrefois acquit; [75]*75but nothing short of conviction or acquittal will support such a plea: Commonwealth v. Ramsey, 42 Pa. Superior Ct. 25.

The disputed facts were fairly and adequately presented to the jury, and the evidence warranted the verdict it returned. The rule for a new trial was properly discharged, and the judgment is affirmed; the record remitted to the court below that sentence of the court may be fully carried into effect.

Cite This Page — Counsel Stack

Bluebook (online)

63 Pa. Super. 74, 1916 Pa. Super. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-harpster-pasuperct-1916.

Opinion

Related

Cite This Page — Counsel Stack