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Commonwealth v. Bell

Citations

  • 4 Pa. Super. 187
  • 1897 Pa. Super. LEXIS 106

Syllabus

<p>Courts — Power to call in judges from another district — Constitutional law.</p> <p>There is no question as to the right of the president judge of any court of this commonwealth to call for the services of another judge of any court of common pleas of this commonwealth to try causes or to transact any business which may come before such courts at any regular or adjourned court or in vacation. The presumption is where no record is made, that the visiting judge was called in pursuance of, in conformity with, and for the purposes designated by the several acts of assembly conferring such powers upon the judges of the lower courts.</p> <p>The Act of March 24,1887, P. L. 14, is constitutional; this question was virtually determined in Re Application of Judges, 64 Pa. 33.</p> <p>Constitution of Pa. — Substitution of judges.</p> <p>Another judge learned in the law can be substituted for the president of oyer and terminer and general jail delivery under the power contained in art. V. see. 4, of the constitution of Pennsylvania.</p> <p>Constitutional law — Terms of oyer and terminer — Act of 1881.</p> <p>The Act of June 10, 1881, P. L. 113, is constitutional and can properly be construed to extend a term of criminal court beyond one week.</p> <p>Evidence — Criminal law — Tictim of abortion not an accomplice.</p> <p>A woman upon whom an abortion has been committed is not a particeps eriminis subject to the restrictions and caution which govern and control the testimony of an accomplice.</p> <p>Evidence — Criminal law — .Proof of bias and haired on cross-examination.</p> <p>A party may always put such questions to a witness in cross-examination as tend to show his favor or bias toward the parly calling him. Proof of an attempt to blackmail, in connection with the very case being tried, on the part of a witness is proper to be submitted to the jury as it may affect the witness’ credibility</p>

Judges: Beaver, Orlady, Reeder, Smith, Wickham, Willard

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