Commonwealth v. Phelps

Supreme Court of Pennsylvania

Commonwealth v. Phelps

32 A. 1092, 170 Pa. 430, 1895 Pa. LEXIS 1424

CourtSupreme Court of Pennsylvania

DecidedOctober 7, 1895

DocketAppeal No. 278

StatusPublished

Cited by15 cases

This text of 32 A. 1092 (Commonwealth v. Phelps) 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.

Bluebook

Commonwealth v. Phelps, 32 A. 1092, 170 Pa. 430, 1895 Pa. LEXIS 1424 (Pa. 1895).

Pincite

Opinion

Opinion by

Mr. Justice McCollum,

In this case as in The Commonwealth v. Gelbert, ante, p. 426, just decided, the complaint on which the conviction is based is fatally defective; the foundation will not suport the superstructure. The defect in fhis case is of the same nature as the defect in that, and it consists of the omission from the complaint of a jurisdictional fact. The written complaint in this case fails to show that the acts mentioned in it were committed in Lackawanna county. For reasons given in The Commonwealth v. Gelbert, supra, we overrule the specifications of error.

Judgment affirmed.

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

Opinion by

Mr. Justice McCollum,

In this case as in The Commonwealth v. Gelbert, ante, p. 426, just decided, the complaint on which the conviction is based is fatally defective; the foundation will not suport the superstructure. The defect in fhis case is of the same nature as the defect in that, and it consists of the omission from the complaint of a jurisdictional fact. The written complaint in this case fails to show that the acts mentioned in it were committed in Lackawanna county. For reasons given in The Commonwealth v. Gelbert, supra, we overrule the specifications of error.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

32 A. 1092, 170 Pa. 430, 1895 Pa. LEXIS 1424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-phelps-pa-1895.

Opinion

Related

Cite This Page — Counsel Stack