Commonwealth v. McElroy

Citations

• 70 Pa. Super. 318
• 1918 Pa. Super. LEXIS 239

Syllabus

<p>Criminal law — Adultery—Bigamy—Inducement—Information— Quashing indictment — Discretion of court.</p> <p>The appellate court will not reverse, as an abuse of discretion, an order quashing an indictment for adultery because the information was not sufficient to support the indictment, where the information charged that the defendant entered into a bigamous marriage with deponent at a time, when unknown to deponent, he was married to another woman named, who was still alive and with whom he was living, without charging that he had cohabited with deponent as man and wife.</p> <p>It seems that in such a case the court might have permitted the district attorney to return a bill charging adultery, although the information did not refer to that incident of the bigamous relation.</p>