Commonwealth v. Sunderlin

Citations

• 31 Pa. Super. 349
• 1906 Pa. Super. LEXIS 218

Syllabus

<p>Criminal law — Indictment—Grand jury — Presentment.</p> <p>■ A bill of indictment against public officers was prepared and sent up by the District Attorney on the direction of the court following a presentment by the grand jury recommending such course of action. The defendants moved to quash the indictment because the presentment did not show affirmatively that the subject with which it dealt was given in charge by the court to the grand jury. The motion was overruled. On appeal it appeared that the charge of the court to the grand jury printed in the appellee’s paper-book and not challenged, distinctly and specifically gave the very matter in question to the grand jury. It was also alleged that witnesses were called and sworn before the grand jury without authority. It did not appear that any witnesses were in fact called or sworn. Held, that the action of the lower court in refusing to quash the indictment was proper.</p> <p>An indictment is sufficient where each count plainly charges the offense intended in language practically identical with that used by the legislature in defining the offense. If more detailed information is necessary to enable the defendant to prepare his defense, an application for a bill of particulars is the proper remedy.</p> <p>Criminal law — Public officers — Indictment—Evidence—Expert witness.</p> <p>On the trial of an indictment against county commissioners for fraudulent acts connected with contracts for county bridges, commissioners of a neighboring county who had not seen the bridges in question, and had no experience in purchasing material for bridges, or in erecting them, and who were neither engineers nor mechanics, are not competent to testify as to the market price of the bridges in question.</p> <p>In such a case testimony of a witness should be excluded which is merely an estimate of what would be the average cost of a bridge he would build, according to his own plans, on one of the áites in question; but the written bid