Commonwealth v. Miller

Citations

• 6 Pa. Super. 35
• 1897 Pa. Super. LEXIS 308

Syllabus

<p>Criminal law — Misrecilal of date — Indictment—Variance.</p> <p>Where the crime charged in the indictment is not based upon a record or other official writing, a variance of one day between the indictment and proof in fixing the date of the crime is not a fatal variance; time not being of the essence of the offense.</p> <p>Criminal law — Conviction defined.</p> <p>When the law speaks of conviction, it means a judgment, and not merely a verdict which in common parlance is called a conviction.</p> <p>Criminal law — Perjury—Evidence—Competency of witness.</p> <p>A person found guilty by a verdict of the jury ot' perjury but not sentenced, is a competent witness in a trial of others on a charge of subornation of perjury incident to the same perjury for which the witness was tried.</p> <p>Perjury — Ealse swearing in examination for bail.</p> <p>False swearing in a matter before a magistrate touching the sufficiency of bail offered for a man charged with a criminal offense, is perjury at common law and under the statutes. Whether the inquiry touching the bail be made at the examination of the charge or afterward is immaterial.</p>