Commonwealth v. Dean

Citations

• 57 Pa. Super. 23
• 1914 Pa. Super. LEXIS 144

Syllabus

<p>Criminal law — Assault and battery — Quashing indictment — Justice of the peace.</p> <p>1. An indictment for assault and battery will not be quashed because the prosecutor, the person assaulted, was employed as a civil engineer by a railroad company in doing construction work on the land of defendant’s wife taken under the right of eminent domain, or because the justice of the peace who issued the warrant had been a witness for the railroad in condemnation proceedings, and had endeavored to secure amicably a right of way through the land in question.</p> <p>2. An indictment may be quashed for matters not apparent on the face of the record, but when such matters are urged they must distinctly appear.</p> <p>Rules of court — Construction—Practice, Q. S.</p> <p>3. Where the court below construes a rule of court relating to new trials as applicable to civil causes only, and such construction is according to the settled practice of the county, the appellate court will not give, the rule a different meaning, although it may be ambiguous in terms.</p>