Commonwealth v. Gipner

Citations

• 118 Pa. 379
• 12 A. 306
• 1888 Pa. LEXIS 401

Syllabus

<p>1. The record of a conviction under the act of April 22, 1794, 3 Sm. L. 178, in substantial conformity with the form prescribed in § 4 thereof, is sufficient, and on certiorari the Court of Common Pleas may not consider the notes of testimony returned as a part of the record and re-try the ease on its merits.</p> <p>2. Where a defendant, convicted before a magistrate and sentenced under said act, has voluntarily paid the fine and costs, the Court of Common Pleas has no power on certiorari subsequently to reverse the judgment and order restitution.</p>