Commonwealth ex rel. Taylor v. Clinton

Citations

• 38 Pa. Super. 573
• 1909 Pa. Super. LEXIS 188

Syllabus

<p>Game law — Killing deer — Justice of the peace — Information—Record— Acis of June 4, 1897, P. L. 123, and April 22, 1905, P. L. 248.</p> <p>1. A conviction before a justice of the peace of having unlawfully killed deer will not be reversed because the information did not charge that the deer was killed in Pennsylvania, where it appears that the information was headed “The Commonwealth of Penna., County of Chester, ss.,” and charged the defendant with having in his possession in the county of Chester, divers parts of a deer after the same had been unlawfully killed, and it also appears that the justice found as a fact that the deer had been unlawfully killed in the county of - Chester at a date named.</p> <p>Pleading — Autrefois acquit — Justice of the peace — Record.</p> <p>2. Where a defendant relies on a former acquittal, the plea must set out the former record and show the identity of the offense and 'persons by proper averments.</p> <p>3. A plea of former acquittal entered before a justice of the peace must fail if it is not sustained by the production of the record of the judgment of the justice who is alleged to have previously acquitted the defendant.</p>