Commonwealth v. Gelbert

Citations

• 170 Pa. 426
• 32 A. 1091
• 1895 Pa. LEXIS 1423

Syllabus

<p>Summary conviction — Sunday—Act of Apr. 22, 1794 — Complaint.</p> <p>In a summary conviction for violation of the Sunday law of April 22, 1794, the complaint is the foundation of the proceedings, and it must distinctly state that the work mentioned in it was performed on Sunday, in order to establish the jurisdiction of the magistrate and the validity of his warrant.</p> <p>The complaint being in the nature of an indictment must contain a direct and positive charge against the defendant, with a complete statement of the offense; if omitted there, it cannot be supplied by the warrant, docket entries, reference to the almanac or the evidence at the trial.</p>