Commonwealth v. Shoener

Citations

• 25 Pa. Super. 526
• 1904 Pa. Super. LEXIS 107

Syllabus

<p>Criminal law — Bill of particulars — Discretion of court.</p> <p>An application for a bill of particulars is an appeal to the sound discretion of the court. The defendant is not entitled to it as of right, and an assignment of error relating to a refusal to order a bill of particulars will only be regarded when it appears that the-action of the court below involves an abuse of discretion.</p> <p>When the defendant has had ample time after the finding of the indictment and before tbe trial to demand a bill of particulars, the court commits no error in refusing to grant such demand at the trial.</p> <p>Appeals — Assignments of error — Demurrer.</p> <p>An assignment of error to the action of the court in overruling a demurrer to an indictment should indicate the grounds upon which the demurrer is based.</p> <p>Criminal law — Indictment—Different offenses.</p> <p>It cannot be objected in error, or on demurrer, or in arrest of judgment, that two or more offenses of the same nature on which the same or similar judgments may be given are contained in different counts of the same indictment.</p> <p>Criminal law — Embezzlement—Clerk of courts.</p> <p>Where the clerk of court admits in his official return that he has received certain moneys which he holds for judicial determination, and subsequently it is decided by the Supreme Court that the clerk has no right to the moneys, the clerk may be convicted of embezzlement, if after the termination of the civil suit he fails to pay over the moneys to the county treasurer. In the criminal prosecution he cannot set up as a defense the question of law adjudicated in the civil proceeding.</p> <p>Public officers — County controller — Right to require payment of public moneys.</p> <p>Under the Act of June 27, 1895, P. L. 403, the county controller in counties containing 150,000 inhabitants and over, is the proper official to require other officials to pay over moneys in their hands to the county, and if such officials when so require