Commonwealth ex rel. Allegheny County v. Davison

Citations

• 11 Pa. Super. 130
• 1899 Pa. Super. LEXIS 116

Syllabus

<p>Penalty for a public offense — Appeal—Jurisdiction, Superior Court.</p> <p>An appeal lies from the judgment of the common pleas on certiorari to the judgment of an alderman for penalty due the commonwealth for an offense; such a proceeding in nature and effect is a proceeding for a criminal offense.</p> <p>Essentials of magistrate's record — Offense—How to be stated — Act of 1885 — Oleomargarine.</p> <p>In an action which, in its true nature and effect, is a proceeding for the punishment of a criminal offense, although in form an action of debt, it is still essential that the record shall contain a finding set forth in express terms, or to be implied with certainty, that a special act has been performed by the defendant and that it shall describe or define it in such a way as to individuate it, and show that it falls within the unlawful class of acts. Without this, a judgment that the law has been violated goes for nothing.</p>