Commonwealth v. Tryman

Citations

• 62 Pa. Super. 241
• 1916 Pa. Super. LEXIS 396

Syllabus

<p>Justice of the peace — Record—Qertiorari—Exceptions—Appeal —Interlocutory order.</p> <p>Where on certiorari to the judgment of a justice of the peace, exceptions were filed to the effect that the justice had not returned the record as it actually was, but had added thereto, and the Court of Common Pleas dismisses the exceptions, the appellate court will not decide the .question of fact involved, but is bound by the record as certified and returned by the justice.</p> <p>It seems that an order of the Common Pleas upon certiorari to a justice of the peace merely overruling exceptions to his record is not a final judgment from which an appeal can be taken.</p> <p>Justice of the peace — Summary conviction — Joinder of three offenses — Drunhenness—Profanity-r—Disorderly conduct.</p> <p>Drunkenness; profanity and disorderly conduct rqay be joined in one complaint, and the justice of the peace in convicting the defendant may impose three separate sentences upon him, one for each offense.</p> <p>A summary conviction will not be set aside on the ground that the transcript of the justice did not set forth a place where the .offense was committed; and especially is this the case where the information upon which the conviction was based sets forth the place.</p> <p>Where a person is convicted of drunkenness, profanity and disorderly conduct and is sentenced by the justice to a fine of sixty-seven cents for drunkenness, sixty-seven cents for profanity and one dollar for disorderly conduct or thirty days in jail, the alternative sentence of thirty days in jail applies only to disorderly conduct inasmuch as the justice could not impose a jail sentence for profanity for more than .twelve hours, or for intoxication for more than twenty-four hours. ' The fact that the alternative jail sentences for profanity and drunkenness are omitted, is not material.</p> <p>A person may be convicted of drunkenness under the Act of April 22, 1794, P. L. 178, although the act designates the offen