Commonwealth v. Divoskein

Citations

• 49 Pa. Super. 614
• 1912 Pa. Super. LEXIS 380

Syllabus

<p>Criminal law — Idle and disorderly person — Justice of the peace — Jurisdiction — Record—Summary conviction.</p> <p>1. It is necessary that the record of a summary conviction shall contain a finding that a specific act has been performed by the defendant, and that it shall describe or define it in such a way as to individuate, and show that it falls within an unlawful class of acts. Without this, a judgment that the law has been violated goes for naught.</p> <p>2. The record of the summary conviction of a person as an idle and disorderly person must set forth facts which constitute the offense.</p> <p>3. A commitment to the house of correction will not be sustained where the record of the commitment shows that a warrant was issued against the defendant for assault and battery, that the defendant was brought before the magistrate on a date named, and witnesses sworn, and the record concludes as follows: “After hearing defendant charged with being idle, disorderly person. After hearing defendant committed to the House of Correction for three months.”</p> <p>4. In such a case the commitment has nothing to rest on but a new and independent charge, evidently heard after the hearing on the original charge, that the relator was an idle and disorderly person. The record should disclose by whom the charge was made, whether it was made by written complaint, or orally, what facts were alleged as constituting the offense, what information the defendant had of the new charge, and what opportunity was afforded for a defense against it, and what evidence, if any, was adduced in support of it.</p>