Commonwealth v. Zayrook

Citations

• 30 Pa. Super. 111
• 1906 Pa. Super. LEXIS 29

Syllabus

<p>Criminal law — Pleading—Indictment—Information—Variance.</p> <p>A motion in arrest of judgment must be based on some matter appearing on tbe record. A variance between the information upon which the warrant issued and the indictment is not such matter, nor where the defendant has gone to trial without raising the objection is it a valid ground upon which to base a reversal of the judgment upon appeal.</p> <p>The fact that three persons mentioned in an information are joined in an indictment with four others not mentioned in the information, is no ground for reversal after a trial on the merits, and when no motion to quash or for a severance has been made before pleading.</p>