Commonwealth v. Haines

Citations

• 57 Pa. Super. 616
• 1914 Pa. Super. LEXIS 245

Syllabus

<p>Criminal law — Indictment—Motion to quash.</p> <p>1. Where a defendant moves to quash an indictment on the ground that the information was defective, and such motion is ultimately-overruled by the appellate court, the defendant has no standing again to move for the quashing of the indictment on the ground that the array of grand jurors on which the indictment was drawn was defective, where there is no offer to prove that the defendant could not have objected to the irregularity of the drawing of the grand jury on the first motion to quash.</p> <p>2. A motion to quash an indictment on the ground that a grand jury was improperly drawn will not be entertained, where there is no offer to prove the facts as to the manner in which it was drawn.</p> <p>3. A motion to quash an indictment on the ground that a grand jury was improperly drawn cannot be sustained as a challenge to the array where the motion is made after the grand jury has been discharged. A challenge to the array comes too late after the discharge of the grand jury.</p>