Commonwealth v. Kane

Citations

• 65 Pa. Super. 258
• 1916 Pa. Super. LEXIS 57

Syllabus

<p>Criminal law — Disorderly conduct — Justice of the peace — Costs —Unfounded charge.</p> <p>A charge before a justice of the peace that the defendant “did ■wilfully and maliciously and with intent to disturb the peace act in a disorderly manner towards the affiant and his family, and especially towards his daughter, Elizabeth, by using vulgar, profane and indecent language in the presence and hearing of said parties with intent that they should hear the same,” does not charge the defendant with any statutory crime, or any offense defined under the criminal laws of Pennsylvania.</p> <p>The impositions of costs on the defendant so charged, will not be sustained, inasmuch as the charge is unfounded v¡dthin the meaning of the Act of September 23, 1791, 3 Sm. L. 37, which provides that no costs shall be paid by an innocent person upon an unfounded charge.</p>