Commonwealth v. Hartman

Citations

• 31 Pa. Super. 364
• 1906 Pa. Super. LEXIS 220

Syllabus

<p>Criminal law — Indictment—Conspiracy—Election laws.</p> <p>Nine persons were indicted for a conspiracy to violate the election laws. Three of these at the time of the indictment were fugitives from justice. For an irregularity at the preliminary hearing the bill was quashed as to all. the defendants except the three fugitives; as to the latter the bill stood. In the meantime one of the other defendants died. A new indictment was then found for the same offense against the five living persons as to whom the first bill had been quashed. At the trial the court made an order that all of the defendants under both bills of indictment should be tried together before the same jury. Held, that the order .was proper.</p> <p>Criminal law — Crime against the ballot — Opening ballot box.</p> <p>On the trial of an indictment for a conspiracy against election laws a ballot box, when properly identified, may be opened, and for this purpose a commissioner may be appointed to open the box in the presence of the district attorney and counsel for defendants so as to sort and arrange the contents of the box in such order that they could more rapidly and conveniently be inspected by the jury.</p> <p>On the trial of such an indictment where it appears that certain of the defendants made a violent attempt to seize a window book, and that one of the defendants asked the watcher whether he intended to put it out of sight, such book may be offered in evidence against the defendants.</p> <p>At a criminal trial á witness against the defendant may be asked if there existed any quarrel or ill feelings between himself and the defendant, and if he answers this in the negative, the defendant may contradict the witness, but he cannot testify as to the origin or subject-matter of the alleged quarrel.</p>