Commonwealth v. Kloss

Citations

• 38 Pa. Super. 307
• 1909 Pa. Super. LEXIS 131

Syllabus

<p>Election law — Election officers — Failure to deliver returns to prothonotary — Neglect of duty — Act of January 30, 1874, P. L. 31.</p> <p>1. A conviction of an election officer for neglect of duty in not delivering election returns to the prothonotary as provided by the Act of January 30, 1874, P. L. 31, will be sustained, where the evidence shows that the returns in question were not on file in the office of the prothonotary, that the defendant delivered the returns to a person who met him in the hall of the courthouse, with the statement that he was a clerk of the prothonotary, that the defendant made no attempt to ascertain the name of the alleged clerk either at the time or afterwards, and that there had been an attempt on the part of some persons to commit a fraud by substitution of forged returns from the district represented by the defendant.</p> <p>Criminal law — Indictment—Form of verdict.</p> <p>2. Where an indictment contains several counts involving numerous charges, it is proper for the court to submit to the jury a form of verdict to be rendered in ease the defendant should be acquitted or convicted.</p> <p>Appeals — Assignments of error — Improper remarks of counsel.</p> <p>3. An assignment of error to improper remarks of counsel does not comply with the rule, if it does not set forth the remarks and the action of the court with reference thereto.</p>