Commonwealth v. Mock

Citations

• 23 Pa. Super. 51
• 1903 Pa. Super. LEXIS 11

Syllabus

<p>Criminal law — Quashing indictment — Appeals—Exceptions.</p> <p>Where the refusal to quash an indictment is assigned for error and the motion to quash is based on an allegation of facts outside the record proper, the assignment must necessarily be overruled, if the facts are not brought upon the record by a bill of exceptions.</p> <p>Criminal law — Information—Indictment— Variance.</p> <p>There is no variance between an information charging the setting up and maintenance of “ a public or common nuisance in and upon a public highway,” and an indictment charging the setting up and maintenance of a public and common nuisance “ in a common road, or highway for all citizens of this commonwealth to go, pass or travel at their will.”</p> <p>Appeals — Evidence—Charge—Assignment of error.</p> <p>Where the charge of the court below has not been brought upon the record by exception, nor certified to, and the evidence has not been printed, assignments of error relating to the charge and the evidence cannot be considered by the Superior Court.</p> <p>Criminal law — Motion in arrest of judgment — Sufficiency of evidence.</p> <p>A motion in arrest of judgment is not the proper mode of raising the question as to the sufficiency of the evidence to warrant a conviction.</p>