Commonwealth v. Hart

Citations

• 12 Pa. Super. 605
• 1900 Pa. Super. LEXIS 282

Syllabus

<p>Wife desertion — Magistrate's transcript — Appeals.</p> <p>An appeal from the judgment of the quarter sessions, in a proceeding under the Act of April 13, 1867, P. L. 78, which provides, “ for the relief of wives and children deserted by their husbands and fathers,” etc., commenced before a magistrate whose transcript forms the basis of the proceeding, and as to the sufficiency of which the appellant especially excepts, will be treated by the appellate court as a certiorari under which the jurisdiction of the court below and the regularity of the proceedings only can be considered.</p> <p>Wife desertion — Transcript—Information defined — Presumption of duty performed.</p> <p>Itis no cause of challenge to the jurisdiction of the quarter sessions in a case of wife desertion that no warrant or information was filed therein ; the term “ information” is not used in its technical sense but employed as equivalent to complaint or oath, and it is sufficient if the transcript shows that the information was under oath; as it is the duty of the magistrate to take all charges in writing, it will be presumed that he did his duty, even if that is not involved in the term “ oath.”</p> <p>Jurisdiction, Q. S. — Waiving of hearing — Technical objections.</p> <p>Where the defendant in wife desertion has waived a hearing before the magistrate, submitted to the jurisdiction of the court, and been heard upon the merits in the quarter sessions, it is too late to assert any technical objection either as to the transcript or the recognizance.</p> <p>Jurisdiction, Q. S. — Wife desertion outside commonwealth — Continuing offense.</p> <p>Our courts have jurisdiction in wife desertion even if it took place outside the commonwealth, besides it is a continuing offense, and although the original offense took place in another state when the defendant comes within the jurisdiction and continues the desertion he brings himself within the provisions of the act of 1867.</p> <p>Wife desertion — Presum