The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-02
LEGAL TNTEELTGEWCE.


Miscellaneous business was before the court to-day
THE REQUISITES OF AN INDICTMENT CHARGING
BURGLARY.
The following decision, delivered by his Honor
Judge Brewster, will be found of general import
ance to the community, and of special interest to
those engaged in the practice OF the criminal law:
Of Int the o5SS SSSt Of oyer Sna %b % pa S
monwealth vs. Matthias kaas Brewster, This IS a
with being accessory to burglary and with having re-
OF The Ieasons ASSIGNED in u6poTt Of the demHrrer the
following present the substance of the objections urged
l. That the indictment does not give the of the
alleged burglar, but charges that he was person un
3 That the indictment defective in omitng charge
that the alleged burglary was committed in the night
8. That concluding count built upon prior defective
count must fall if its support is removed.
Upon tho hearing Of the argument the Commonwealth
be % @ in ts pr4pe&f R & P36fe 3 n founded tho
common law doctrine which required that the guilt of the
@ shSo & 6 & 6SIS5f G at IA an S. Sysn
b he rule m still prevails TO- certain extent Barb Or Law
dicmen against person for RECEIVING buying stolen
prove that the principal Who stole the goods has been
seyera 39r o his sS L sef e. in R
In Mas2chusetts accessories in Of felony either
before after the fact may now be and punished
whether the principal feon shall or shall not have been
Rey Stat. ch. 1873, sec. ., ..
sect whichhas been condensed by the reyises OF our
h iG% Ss @ ali pscts
be were principal tolon" (Act March 81 1862 sect a.
Indictment against the aeeessaY should be particular
Dudley, Leighs Va Rep. Gi Judge Upshur sustained
demurrer to an indictment charging she defendant with
fighting duel with pistols" because the State did not
ean Tb Es h
Great stress was laid in ths 9rgument upon the fact
it is not known it cannotbe given; and decided this
dicted where the principal stranger and escapes The
point did not avail the regicdes, for there the execu
/
gnoi.9 and g,od %i;dan' @sogse e IN Nzor gave the
Dig Indictment G. %.
ybsa been the % @ OF @ TO e F
ing the name to be given And this e ecsia'e rel See
more serious objection IS that the count for burglary
% 2 the forms reqaiTe THIS ayermsnt and the
definition of the oense March 3D. 1851 sect
r. ES:esst T$S nS 5%s
not declare that the ofense therein pUnshed shall be
''5SrglaTy" This, therefore. is fatal detect. ,,
amend the indictment b inserting tho words 9bout tie
following are conclusive such application
First it is matter Of substance and not mere form
Third we Do not know that the ofIenso committed
m me o e ana w Of demurrer 10
Our act Of March 81 1880 sect Il BF Dig s sect l1
literal copy the statute II and 10 Vic lOs sect 25
@ Ea o TSS TSS Shas Sn
only substantial but of the very heart of the oense
Tast count charges that the defendant received the
|
1t is admitted to be in FORM but 1t is said that il
cannot stand because il efes the goods and chatte
the property GTreaid and that as the preceding part
thondctnent is quashed this count must share the
/ fate
1t follow that becausea count is quashed sub
sequent count referring to the day place. person
pery described in the bad count must also be quashed
If that the law, detective count would destroy
the whole indictment The objection to the word afore
said in the description OF the property would apply with
equal force TO the Grand jury the of
and place, all of which referred to as aforesaid.
1t only remains TO notice motion made by tho learned
counsel for the prosecution to refer the Raid bill back
the Grand jury for the purpose Qf making the correction
referred to in the amendment We send bill back
| to the Grand Jury for such purpose.
The demurrer the last court is cd The rest
tho demurrer Is sustained and the motions to amend and
| to refer back are refused.
Court of Quarter SCssiOns-AIlisOn, P.J
| The Grand Jury for the September term having
completed their labOTs, made their final presentment
| to the court this morning They have acted upon
OBJ bills OF Indictment, of which 303 were returned
true bills, and 220 Were ignored. The visited the
| PRISONS Almshouse, House OF Refuge and Girard
College, all of which they found in condition salts
| factory TO them In regard to the AlmshOuse, they
suggested that accommodations should be furnished
in the insane department TO enable them to classify
| the lunatcs as their different conditions required
Being thanked by the Court for their services they
| were discharged from further attendance.