Commonwealth v. Bradley

Citations

• 16 Pa. Super. 561
• 1901 Pa. Super. LEXIS 109

Syllabus

<p>Criminal law — Indictment—Accessory—Separate trial.</p> <p>Where a person is indicted as an accessory in the same indictment as the principal, but in a separate count, and has a separate trial, the joinder is not prejudicial to the prisoner, and is no ground for quashing the indictment, or arresting the judgment.</p> <p>Criminal law — Pleading—Variance—Record—Arrest of judgment.</p> <p>A motion in arrest of judgment must be based on some matter appearing on the record. A variance between the information upon which the warrant issued and the indictment is not such matter. Nor where the defendant has gone to trial without raising the objection is it a valid ground upon which to base a reversal of the judgment upon appeal.</p> <p>Criminal laxo — Indictment—Sentence.</p> <p>If there is one count in the indictment which will sustain the sentence, it cannot be reversed.</p> <p>Criminal law — Indictment—Accessory before the fact — Shooting with attempt to kill.</p> <p>An accessory before the fact in the felony of shooting with intent to kill may be tried and convicted before conviction of the principal, on an indictment in which he is charged as an accessory.</p> <p>In all cases of felony, the accessory is punished in the same manner precisely as the principal, that is, he may be charged in the indictment with having actually committed the offense as principal in the first degree, or he may be indicted for a substantive felony, or he may be indicted as accessory with the principal, at the option of the prosecutor.</p> <p>* A person may be convicted on an indictment formally charging him as an accessory before the fact in the felony of shooting with attempt to kill, although the evidence shows that he was present when the principal fired the shots.</p> <p>Criminal law — Charge of the court — Exception-Appeal—New trial.</p> <p>Where the record of a criminal trial shows no exception to the charge before verdict, and no request or order before verdict that it be filed, the