Commonwealth v. Hurd

Citations

• 177 Pa. 481
• 35 A. 682
• 1896 Pa. LEXIS 1008

Syllabus

<p>The term “presentment” means the report of the grand jury of an offense, whether founded on their own knowledge or on testimony heard by them.</p> <p>Criminal law — Bill of rights — Practice, Q. S. — Misdemeanor in office-Information — Indictment.</p> <p>The court of quarter sessions may call to the attention of the grand jury a charge that a county commissioner has been concerned in public contracts, and if the grand jury reports that sufficient evidence was adduced before them to support the charge, the court may direct the district attorney to prepare and submit an indictment.</p> <p>It seems that under section 10 of the bill of rights of the constitution of Pennsylvania which provides that “ No person shall for any indictable offense be proceeded against criminally by information .... except for oppression or misdemeanor in office,” criminal proceedings .may be instituted by information against a county commissioner who has been concerned in public contracts.</p> <p>Criminal law— Grand jury — Presentment.</p> <p>Criminal law — County commissioners — Public contracts — Indictment— Act of April 15, 1834.</p> <p>An indictment under the act of April 15.1834, see. 43, P. L. 537, charging two count}' commissioners with being concerned in public contracts will not be quashed because it avers that the public contracts in question were made not- under the authority of the commissioners as a board, but under the authority of the two defendants acting as county commissioners.</p> <p>Indictment — Public officers — Appeal from auditor's report.</p> <p>An indictment against county commissioners for being concerned in public contracts will not be quashed because of the pending of an appeal by the commissioners from the report of the county auditors surcharging them with the amount averred in the indictment to have been fraudulently obtained by them.</p> <p>Criminal law — New trial — Misconduct of juror — Statement by juror.</p> <p>It is no ground for granting a new trial in