Commonwealth v. Degnan

Citations

• 50 Pa. Super. 354
• 1912 Pa. Super. LEXIS 56

Syllabus

<p>Election law — Primary election — Election officers — Violation of law— Indictment.</p> <p>1. An indictment against three persons for violating the primary-election law in permitting certain persons to vote, reciting that they were judges of election and two inspectors, is fatally defective if it does not aver which one of the defendants was the judge of elections and what two of the three were inspectors. Where such an indictment charges that the defendants received votes at a primary election without receiving certain affidavits, it is fatally defective if it does not set forth the nature or purpose of the primary election to which it refers, and does not aver that a primary election was held in pursuance of law.</p> <p>Election law — Exceptions—Allowance of exceptions — Appeals.</p> <p>2. Where the court overrules certain reasons for quashing an indictment, and the defendants ask leave to file an additional reason and ask an exception, and the court says, “Yes” and allows the filing of an additional reason and states that in.disposing of it an exception nunc pro tunc will be allowed, the commonwealth cannot assert that no exception Was allowed, because no additional reason was ever filed and no exception nunc pro tunc ever entered.</p>