New Castle v. Genkinger

Citations

• 37 Pa. Super. 21
• 1908 Pa. Super. LEXIS 231

Syllabus

<p>Justice of the peace — Summary conviction — Appeals—Act of March 20, 1810, 5 Sm. L. 161.</p> <p>A judgment of the common pleas affirming a judgment of a justice of the peace in a summary proceeding for the collection of a penalty prescribed by a city ordinance, is not within the purview of the Act of March 20, 1810, 5 Sm. L. 161, and such judgment of the common pleas is not final and conclusive.</p> <p>Justice of the peace — Summary conviction — Violation of city ordinance — Theaters—Restitution.</p> <p>Where a city ordinance makes it unlawful for the owner or lessee or the agent of the owner or lessee, of any place of entertainment to knowingly rent the same, or permit it to be used for exhibitions tending to corrupt the morals of the people, a summary conviction cannot be sustained under such ordinance on an information charging that the defendant being the owner or lessee, or the agent of the owner or lessee of an opera house, did unlawfully and knowingly rent the same, or permit it to be used for certain exhibitions tending to corrupt the morals of the people. The information is bad in charging the defendant with a large number of things in the alternative.</p> <p>In such a case a judgment of the justice finding the defendant guilty of producing an entertainment tending to corrupt the morals of the people is wholly void where the justice also finds that the defendant owned the building in question, and rented the same to another person to be used for the entertainment in question.</p> <p>In reversing such a judgment restitution is within the sound discretion of the appellate court, and it may reverse the judgment without awarding restitution, if the conduct of the defendant is shown to have been improper.</p>