Commonwealth v. Waldman

Citations

• 140 Pa. 89
• 21 A. 248
• 1891 Pa. LEXIS 807

Syllabus

<p>1. Tho provisions of article V., §14 of the constitution, and §1, act of April 17, 1876, P. L. 29, granting and regulating the right of appeal from summary convictions by magistrates, do not give to the defendant the right to have such an appeal tried by a jury.</p> <p>2. The summary proceeding prescribed by the Sunday law of April 22, 1794, 3 Sm. L. 177, for the trial of persons charged with the violation thereof, is not in conflict with article I., §9, of the constitution, guaranteeing to the accused, “in prosecutions by indictment or information,” a speedy trial by jury.</p> <p>3. The keeping open by a barber of his place of business on Sunday and the following of his wordly employment of shaving his customers, is not a necessity within the meaning of the provision in tho act of April 22, 1794, excepting from its operation works of necessity or charity.</p>