Commonwealth v. Trembley

Citations

• 59 Pa. Super. 182
• 1915 Pa. Super. LEXIS 43

Syllabus

<p>Criminal law — ■Indictment—Joint indictment — Breaking, entry and larceny — Information.</p> <p>1. Where two persons are arrested for breaking, entry and larceny, and two days thereafter a third person is arrested on an information which was substantially identical in the description of the offense as to time, place and nature as that with which the other two persons were charged, and the justice sends up to the quarter sessions separate transcripts, the district attorney commits no error in joining the third person in one indictment with the other two.</p> <p>2. In such a case where the first two defendants plead guilty and these pleas are indorsed on the bill before it is sent to the grand jury, the third defendant cannot complain of this action as detrimental to himself where it does not appear that the grand jury was influenced by it, and does appear that the third defendant was accorded a separate trial.</p> <p>3. Where an indictment is captioned in the oyer and terminer, but the record shows, and it is undisputed that it was found and returned in the quarter sessions, and that the trial and all the subsequent proceedings, including a motion to quash were had in that court, and it appears that the quarter sessions had jurisdiction, the defendant after conviction, cannot complain, as a ground for reversal, that the case was wrongly captioned.</p>