Blackman v. Commonwealth

Citations

• 124 Pa. 578
• 17 A. 194
• 1889 Pa. LEXIS 1062

Syllabus

<p>1. Where, on the trial of an indictment, the defendant may interpose the limitation of § 77, act of March 31, 1860, P. L. 450, it is the better practice, yet not essential, to aver in the indictment the facts relied upon to bring the case within the terms of the proviso to said section.</p> <p>2. So, when the offence is laid in the indictment to have been committed within the period limited in the section, the commonwealth may prove, without an averment of it in the bill, that the defendant was not an inhabitant of the state, or usual resident therein, within the said period.</p> <p>3. And where the commonwealth has proved the commission of the of-fence, the issuance of a warrant for the arrest of the defendant and his flight, his absence from his usual place of residence within the state, and the efforts to learn his whereabouts with a view to his arrest, a prima facie case within the proviso has been established.</p>