Mountain v. Commonwealth

Citations

• 68 Pa. Super. 100
• 1917 Pa. Super. LEXIS 79

Syllabus

<p>Criminal law — Assault and battery — School teachei — Cruel punishment — Misdemeanor—Act of June 11, 1879, P. L. IJfZ — Justice of the peace.</p> <p>A justice of the peace has no jurisdiction summarily to convict a school teacher charged with “unnecessary cruel punishment” of a pupil.</p> <p>So much of the Act of June 11, 1819, P. L. 142, entitled “An act to protect children from neglect and cruelty and relating to their employment, protection and adoption,” as may he applicable to the case of a teacher who unreasonably punishes a pupil, is a reenactment of the existing law, which from the foundation of the Commonwealth has declared the offense to be a misdemeanor triable before a jury of twelve.</p>