Commonwealth v. McCann

Citations

• 174 Pa. 19
• 34 A. 299
• 1896 Pa. LEXIS 838

Syllabus

<p>Justice of the peace — Summary conviction — Judgment for penalty — Constitutional law — ■Constitution of 1874, art. 6, see. 14.</p> <p>Article 6, section 14 of the constitution of 1874, which permits appeals in all cases of summary conviction or in actions for penalties before a magistrate or court not of record, upon the allowance of the appellate court or a judge thereof, is not restricted to such cases as were without the right of appeal prior to the adoption of the constitution, but it embraces all appeals from judgments for penalties or of summary conviction.</p> <p>Constitutional law — Declaration of rights — Appeals—Trial by jury.</p> <p>Article 1, section 6 of the Bill of Rights, which declares that “ trial by jury shall be as heretofore, and the right thereof remain inviolate,” is not inconsistent with section 14, of article 5 of the constitution relating to appeals in cases of judgments for penalties and of summary convictions.</p> <p>Regulating the method by which the judgment of an inferior court may be brought into a Superior Court for trial, so that a jury may be reached and their verdict upon any question of fact in dispute obtained, is not a denial of trial by jury.</p>