Commonwealth v. Powell

Citations

• 23 Pa. Super. 370
• 1903 Pa. Super. LEXIS 75

Syllabus

<p>Appeals — Assignments of error — Evidence — Rule 16 of the Superior Court.</p> <p>Assignments of error as to the rulings on evidence will not be considered by the appellate court, where the assignments do not set forth questions or offers, the ruling of the court thereon and the testimony or evidence admitted, if any, together with a reference to the page of the paper-book where the matter may be found.</p> <p>Criminal law — Bill of particulars — Discretion of court.</p> <p>In a criminal case an application for a bill of particulars is addressed to the sound discretion of the court, and an assignment of error relating to a refusal to allow a bill of particulars will only be regarded when there is a manifest disregard of the defendant’s rights. Such an assignment of error is irregular which does not set forth the application and the ruling of the court thereon.</p> <p>Criminal law — Indictment—Evidence—Variation as to time.</p> <p>In a criminal case a variation in proof as to time is immaterial where time is notan essential ingredient of the offense. It is not necessary, however, except where time enters into the nature of the offense to prove the exact time alleged. Any other time may be shown on the trial, if it is prior to the finding of the indictment and within the period prescribed by the statute of limitations.</p>