Pennsylvania Superior Court Reports Volume 40

Pennsylvania Superior Court Reports Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...v. Smith, 185 Pa. 553. The subpoena was a proper subpoena: Hale v. Henkel, 201 U. S. 43; O'Hair v. People, 32 Ill. App. 277; Feree v. Stromc, 1 Yeates, 303;-Com. v. Bell, 145 Pa. 374-;-Com. v. Roberts, 2 Clark, 340; Kelley's Election Case, 200 Pa. 430. The sentence in this case was proper: Com. v. Perkins, 124 Pa. 36; Williamson's Case, 26 Pa.-9. OPINION BY RICE, P. J., July 14, 1909: 1. After describing the ordinary mode of-instituting criminal proceedings, namely, by warrant of arrest founded-on probable cause, supported by oath or affirmation, followed by a hearing before a committing magistrate, Judge King said: "It is the fitness and propriety of the ordinary mode of criminal procedure, its equal justice to accuser and accused, that render it of almost universal application in our own criminal courts and make it unwise to depart from it, except in special circumstances, or pressing emergencies?' Lloyd's Case, 3 Clark 188. This statement of the general rule recognizes the possibility of special circumstances or pressing emergencies which will justify resort to one or the other of the extraordinary modes-of criminal procedure which Judge KING then went on to describe: "The first of these is where criminal courts of their own motion call the attention of grand juries to and direct the investigation of matters of general public import, which, from their nature and operation in the-entire community, justify such intervention. The action of the courts-on such occasions, rather bears on things than persons, the object being the suppression of general and public evils, affecting, in their influence and operation, communities rather than individuals, and, therefore, more properly the subject more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236757904
  • 9781236757906