Commonwealth v. Miller

Superior Court of Pennsylvania

Commonwealth v. Miller

29 A.2d 343, 150 Pa. Super. 604, 1942 Pa. Super. LEXIS 223

CourtSuperior Court of Pennsylvania

DecidedNovember 9, 1942

DocketAppeal, 168

StatusPublished

Cited by4 cases

This text of 29 A.2d 343 (Commonwealth v. Miller) 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. Miller, 29 A.2d 343, 150 Pa. Super. 604, 1942 Pa. Super. LEXIS 223 (Pa. Ct. App. 1942).

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Opinion

Per Curiam,

Defendant was tried under two bills of indictment which charged him with fraudulent conversion 1 and cheating by false pretenses. 2 At the conclusion of the evidence presented by the Commonwealth the court sustained defendant’s demurrer. However, it did not discharge defendant, but directed the jury to return a verdict of not guilty. Judgment of acquittal was entered on the verdict, and the Commonwealth has appealed. The appeal will be quashed.

We have repeatedly held that the Commonwealth cannot appeal from a verdict or finding of not guilty in a criminal prosecution, except in cases of nuisance, forcible entry, and forcible detainer See Com. v. Teman, 134 Pa. Superior Ct. 36, 37, 3 A. 2d 960; Com. v. Kerr, 150 Pa. Superior Ct. 598, 29 A. 2d 340. The same erroneous practice was followed here as in Com. v. Kerr, supra. Where a demurrer to the evidence is sustained the court discharges the defendant and the jury has no function to perform. In the instant case, as in Com. v. Kerr, supra, the trial judge, however, after sustaining the demurrer, directed the jury to re *606 turn a verdict of not guilty. That verdict precluded any appeal by the Commonwealth. The matter has been fully discussed in Com. v. Kerr, supra.

Appeal is quashed. ■

1

Act of June 24, 1939, P. L. 872, §834, 18 PS §4834.

2

Act of June 24, 1939, P. L. 872, §836, 18 PS §4836.

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Per Curiam,

Defendant was tried under two bills of indictment which charged him with fraudulent conversion 1 and cheating by false pretenses. 2 At the conclusion of the evidence presented by the Commonwealth the court sustained defendant’s demurrer. However, it did not discharge defendant, but directed the jury to return a verdict of not guilty. Judgment of acquittal was entered on the verdict, and the Commonwealth has appealed. The appeal will be quashed.

We have repeatedly held that the Commonwealth cannot appeal from a verdict or finding of not guilty in a criminal prosecution, except in cases of nuisance, forcible entry, and forcible detainer See Com. v. Teman, 134 Pa. Superior Ct. 36, 37, 3 A. 2d 960; Com. v. Kerr, 150 Pa. Superior Ct. 598, 29 A. 2d 340. The same erroneous practice was followed here as in Com. v. Kerr, supra. Where a demurrer to the evidence is sustained the court discharges the defendant and the jury has no function to perform. In the instant case, as in Com. v. Kerr, supra, the trial judge, however, after sustaining the demurrer, directed the jury to re *606 turn a verdict of not guilty. That verdict precluded any appeal by the Commonwealth. The matter has been fully discussed in Com. v. Kerr, supra.

Appeal is quashed. ■

1

Act of June 24, 1939, P. L. 872, §834, 18 PS §4834.

2

Act of June 24, 1939, P. L. 872, §836, 18 PS §4836.

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29 A.2d 343, 150 Pa. Super. 604, 1942 Pa. Super. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-miller-pasuperct-1942.

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