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>
Judges: Dean, Green, Mitchell, Sterrett, Williams
Read full opinion on CourtListenerCited by
19 cases in this archive cite this case.
- Smith CaseSupreme Court of Pennsylvania· 1955-03-23· cited 119×
- Commonwealth v. EnglertSuperior Court of Pennsylvania· 1983-03-04· cited 42×
- Weber v. LynchSupreme Court of Pennsylvania· 1977-07-08· cited 39×
- Booz v. ReedSupreme Court of Pennsylvania· 1960-01-18· cited 21×
- Dickerson v. HudsonSuperior Court of Pennsylvania· 1973-03-27· cited 15×
- Mikita v. Bailey Homes, Inc.Superior Court of Pennsylvania· 1979-04-19· cited 10×
- Commonwealth v. LuckeySuperior Court of Pennsylvania· 1906-10-05· cited 7×
- Berkey v. PuliaficoSuperior Court of Pennsylvania· 1978-04-13· cited 4×
- Commonwealth v. KephartSuperior Court of Pennsylvania· 1909-07-14· cited 4×
- Booz v. ReedDelaware County Court of Common Pleas· 1957-10-18· cited 3×
- Gribbel v. DonoianSuperior Court of Pennsylvania· 1960-11-16· cited 2×
- Mechanicsburg Borough v. GraySuperior Court of Pennsylvania· 1915-10-11· cited 2×
- Wilkes-Barre v. StewartSuperior Court of Pennsylvania· 1901-02-14· cited 1×
- Commonwealth v. MayernikAlleghany County Court of Common Pleas· 1950-02-20
- Commonwealth v. FasnachtLancaster County Court of Common Pleas· 1902-12-13
- Commonwealth v. MorrisFayette County Court of Quarter Sessions· 1922-07-01
- Commonwealth v. MossYork County Court of Quarter Sessions· 1927-03-07
- Commonwealth v. CharltonWashington County Court of Quarter Sessions· 1934-01-27
- Commonwealth v. CoxBeaver County Court of Quarter Sessions· 1952-12-23
Cites
1 case in this archive is cited by this case.
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