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Commonwealth v. Wallace

Citations

  • 7 Pa. Super. 405
  • 1898 Pa. Super. LEXIS 315

Syllabus

<p>Criminal law — Indictment for nuisance — Act of 1874 — New trial can only be granted by appellate court.</p> <p>A verdict oí acquittal in a criminal case is a final determination thereof in Pennsylvania except in so far as the common law is changed by the Act of May 19, 1874, P. L. 219, which provides that in cases of nuisance, forcible entry, etc., exceptions may be taken by the commonwealth and writs of error and certiorari issued by the Supreme Court, and if anew trial may now be granted because of a misdirection by a judge the power to grant it is vested solely in the appellate court.</p>

Judges: Beaver, Orlady, Porter, Reeder, Rice, Smith, Wickham

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