Commonwealth v. Francies

Citations

• 250 Pa. 496
• 95 A. 527
• 1915 Pa. LEXIS 977

Syllabus

<p>Constitutional law — Constitution of Pennsylvania, Article I, Section 10 — Indictable offense — Proceeding by information — Act of April IB, 1907, P. L. 62 — Constitution of United States, Fourteenth Amendment — Due process of law — Indictment.</p> <p>1. What the framers of the organic law had in view should always be considered in determining what they intended to do.</p> <p>2. A proceeding by “information” in the sense in which the term is used in Article I, Section 10, of the Constitution of Pennsylvania has reference exclusively to practices such as were formerly used in England wheTeby upon information made in the King’s Court by some one or by some of the king’s officers, ex officio; the accused person was put on trial without further inquiry or investigation.</p> <p>3. The Act of April 15, 1907, P. L. 62, permitting a person accused of crime to enter a plea of guilty upon an indictment prior to the submission of the indictment to the grand jury, and authorizing the court to accept the plea and impose sentence, is constitutional. Such a method of procedure does not violate the prohibition against proceedings by information contained in Article I, Section 10, of the Constitution of Pennsylvania, especially as the proceedings will in each case take their regular course unless the accused exercises his option to plead guilty prior to indictment.</p> <p>4. Said act does not violate the Fourteenth Amendment of the Constitution of the United States providing that no state shall “deprive any person of life, liberty or property without due process of law.” This provision has not the effect of imposing upon the state any particular form or mode of procedure so long as the essential rights of notice and a hearing or opportunity to be heard before a competent tribunal are not interfered with. Indictment by a grand jury is not essential to due process.</p> <p>Mr. Justice Stewart dissents.</p>