Commonwealth v. Keenan

33 Pa. D. & C.3d 46, 1984 Pa. Dist. & Cnty. Dec. LEXIS 240
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedDecember 3, 1984
Docketno. 1879 C.D. 1983
StatusPublished

This text of 33 Pa. D. & C.3d 46 (Commonwealth v. Keenan) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Keenan, 33 Pa. D. & C.3d 46, 1984 Pa. Dist. & Cnty. Dec. LEXIS 240 (Pa. Super. Ct. 1984).

Opinion

DOWLING, J.,

In the City of Brotherly Love it apparently is rather common to obtain a current state automobile inspection sticker by other than the legitimate method of having your car inspected. Defendants were found guilty in connection with a scheme, which grossed hundreds of thousands of dollars a year, involving the distribution and sale of counterfeit stickers.

Defendants argue in their post-trial motions, however, that all their alleged criminal activity occurred in Philadelphia and, therefore, there was no [47]*47jurisdictional basis for their joint trial in Dauphin County. As stated in Commonwealth v. Creamer, 236 Pa.Super. 168, 172, 235 A.2d 214 (1975):

“It is well-established law in the Commonwealth that before a county assumes jurisdiction over a crime, some overt act must have occurred therein (Citations omitted). Where a conspiracy is alleged, an overt act committed in a county by any one of the conspirators is sufficient for that county to assert jurisdiction over all.” (Citations omitted)

Such requirement has its roots in two provisions of the U.S. Constitution.

“Aware of the unfairness and hardship to which trial in an environment alien to the accused exposes him, the Framers wrote into the Constitution that The Trial of all Crimes . . . shall be held in the State where the said Crimes shall have been committed . . .’ Article III, §2, cl. 3. As though to underscore the importance of this safeguard, it was reinforced by the provision of the Bill of Rights requiring trial ‘by an impartial jury of the State and district wherein the crime, shall have been committed.’ Sixth Amendment. U.S. v. Johnson, 323 U.S. 273, 275, 65 S.Ct. 249, 251, 89 L.Ed. 236 (1944). Similarly, the Pennsylvania Constitution provides, in Article I, Section 9, that “(i)n all criminal prosecutions the accused hath a right to ... a speedy public trial by an impartial jury of the vicinage.” “Prior to the American Revolution, the colonists cherished principles of venue and vicinage to guard against transportation of criminal defendants out of the area to England or to some distant place for trial.” Commonwealth v. Katasafanas, 318 Pa. Super. 143, 464 A.2d 1270, 1274 (1983). In U.S. v. Passodelis, 615 F.2d 975 (3rd Cir. 1980), the continued importance of the venue safeguards was reinforced.
[48]*48“Though our nation has changed in ways which it is difficult to imagine that the Framers of the Constitution could have foreseen, the rights of criminal defendants which they sought to protect in the venue provisions of the Constitution are neither outdated nor outmoded.” 615 F.2d at 977.

In the instant cases, the Commonwealth does not dispute the well established law on jurisdiction and venue. It acknowledges that no overt act occurred within Dauphin County and that at best only the effects of defendants’ criminal activity was felt here, which is insufficient under Creamer, supra, to establish jurisdiction.1 The Commonwealth, nonetheless, argues a novel theory of jurisdiction based on the Investigating Grand Jury Act, Act of October 5, 1980, P.L. 693, No. 142, 42 Pa. C.S. §4541 et seq. (the Act).2 In particular, the prosecution relies on 42 Pa.C.S. §4551, which provides in relevant part:

“(c) Prosecution by Attorney General. — Whenever a multicounty investigating grand jury returns a presentment against any person the Attorney General or his designee shall, with respect to the alleged criminal activities, be authorized to prosecute the person on behalf of the Commonwealth by instituting criminal proceedings in the county of appropriate venue. The Attorney General or his designee shall take the oath of office required by law to be taken of district attorneys, and shall be clothed with all the powers and subject to all the liabilities imposed upon district attorneys by law.
[49]*49“(d) Venue. — In any case where a multicounty investigating grand jury returns a presentment the supervising judge shall select the county for conducting the trial from among those counties having jurisdiction.”

It is the Commonwealth’s contention that under Section 4551(d) the supervising judge could establish venue in Dauphin County without an overt act here to establish subject matter jurisdiction. In effect, the prosecution argues, the supervising judge could establish venue in any county within this Commonwealth since, under 42 Pa.C.S. §931, every court of common pleas has original jurisdiction for criminal cases. However, the prosecution has failed to cite any authority for such a theory, nor has our research disclosed any. We are forced to conclude that neither jurisdiction nor venue was proper for these cases in Dauphin County;3 therefore we are granting new trials for each defendant.

It is true that 42 Pa.C.S. §931(a), in its broad grant of “unlimited original jurisdiction of all actions and proceedings,” does vest courts of common pleas with jurisdiction to hear criminal matters. [50]*50However, jurisdiction in criminal cases has the further requirements of the occurrence of an overt act in the county. Creamer, supra. The broad grant of authority in section 931 is a far cry from clothing all common pleas courts with jurisdiction to try any criminal case, regardless of where the crime occurred.

The Commonwealth’s theory also is inconsistent with the rules on statutory construction. Section 4551 of the act states that the supervising judge shall “select” the county of trial, but the Commonwealth’s theory would convert “select” into “create.” This would violate the rule that words and phrases are to be construed according to their common meaning and accepted usage. 1 Pa.C.S. § 1903(a); Fireman’s Fund Ins. Co. v. Nationwide Mutual Insurance Co., 317 Pa.Super. 497, 464 A.2d 431 (1983). Further, section 4551(d) of the act states that the county selected by the supervising judge shall be “from among those counties having jurisdiction. ” Clearly, the plain meaning of this phrase is that the county selected must already have jurisdiction; that is, not a county in which jurisdiction is created by the supervising judge.

In addition, statutes or parts of statutes are in pari materia when they relate to the same persons or things, and statutes in pari materia are to be construed together. 1 Pa.C.S. §1932; Black v. Billy Penn Corp., 72 Pa.Commw. 628, 457 A.2d 192 (1983). Since sections 4551(c) and (d) both relate to the institution of criminal proceedings after an investigating grand jury presentment, they are in pari materia. And when read together, it is clear from section 4551(c) that the county of trial selected pursuant to section 4551(d) must be a “county of appropriate venue. ” A county in which no overt act of [51]*51criminal activity occurred cannot be an appropriate county of venue.

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

Related

United States v. Johnson
323 U.S. 273 (Supreme Court, 1944)
United States v. Passodelis, Christopher
615 F.2d 975 (Third Circuit, 1980)
Commonwealth v. Ohle
470 A.2d 61 (Supreme Court of Pennsylvania, 1983)
State v. Bailey
235 A.2d 214 (New Jersey Superior Court App Division, 1967)
Commonwealth v. Katsafanas
464 A.2d 1270 (Supreme Court of Pennsylvania, 1983)
Fireman's Fund Insurance v. Nationwide Mutual Insurance
464 A.2d 431 (Supreme Court of Pennsylvania, 1983)
Commonwealth v. Simeone
294 A.2d 921 (Superior Court of Pennsylvania, 1972)
Commonwealth v. Creamer
345 A.2d 212 (Superior Court of Pennsylvania, 1975)
McGinley v. Scott
164 A.2d 424 (Supreme Court of Pennsylvania, 1960)
Black v. Billy Penn Corp.
457 A.2d 192 (Commonwealth Court of Pennsylvania, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
33 Pa. D. & C.3d 46, 1984 Pa. Dist. & Cnty. Dec. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-keenan-pactcompldauphi-1984.