Commonwealth v. Weiner

Citations

• 67 Pa. Super. 558
• 1917 Pa. Super. LEXIS 456

Syllabus

<p>Onminal' law — Disorderly house — Bttwdyhouse—Instructions.</p> <p>On the trial of an indictment (1) for maintaining a-disorderly house and (2) for maintaining a bawdyhouse, a general conviction will not be set aside because the trial judge failed to charge that the Commonwealth, in order to establish the offense of keeping a disorderly house, must show “that by loud or boisterous sounds the neighborhood was inconvenienced,” where no request for such instructions was asked at the trial. Even if such instructions were proper, which the appellate court does not decide, the conviction being general, would be sustained by the count relating to the keeping of a bawdyhouse.</p> <p>Appeals — Assignments of error — jEvidence.</p> <p>An assignment of error to the admission of testimony will not be considered, where the assignment does hot include the testimony, and does not refer to the page of the appendix where it might be found.</p> <p>Court — Municipal CouH of Philadelphia County — Jurisdiction—. Quarter Sessions — Acts of July 12, 1918, P. L. 715, and June 17, 1915, P. L. 1017 — Criminal law.</p> <p>A bill of indictment made returnable to the Court of Quarter Sessions of Philadelphia County, may be tried in the Municipal Court of Philadelphia County, if the district attorney so elects, and if a defendant appears in person and by counsel, and the case is heard upon its merits, he cannot be heard to complain that the court had no jurisdiction of his person, if it had jurisdiction of the subject-matter of the cause, although his recognizance might not be adequate to compel his appearance in the Municipal Court; nor can he object after such a conviction that the record had not been certified from the Quarter Sessions and that it did not appear upon the record that the district attorney had in the court in which the indictment was found, signified his election to try the case in the Municipal Court.</p>