Commonwealth v. Barge

Citations

• 11 Pa. Super. 164
• 1899 Pa. Super. LEXIS 122

Syllabus

<p>Practice, Q. 8. — Formal defect on face of indictment — Motion to quash— Demurrer.</p> <p>Defendant having pleaded guilty to a charge of embezzlement of county taxes, the count following the language of the act of 1885, moved in arrest of judgment because the count did not specify the amount alleged to have been embezzled nor the amount collected from any particular person. Eeld, that if the count were defective, which is not admitted by the court, the defect is formal, apparent on the face of the indictment, and should have been taken advantage of by demurrer or motion to quash before jury sworn.</p> <p>Criminal law — Sentences limited by the act — Simple imprisonment in county jail.</p> <p>A court in imposing sentence is limited to the punishment prescribed by the terms-of the violated statute. The Act of June 3,1885, P. L. 72, provides for a sentence not exceeding five years; the act of 1895 limits simple imprisonment to the county jail; hence, a sentence for a crime under the act of 1885 must be to the county jail and not to the penitentiary.</p> <p>Appeals — Beversal of sentence — Conviction.</p> <p>An erroneous sentence will be reversed without affecting a trial and conviction and sent back for another sentence.</p>