COMMONWEALTH v. HAYDEN. NO. 2

Nos. 211-12.

73 Pa. D. & C. 290 (1950)

Commonwealth v. Hayden. No. 2

Common Pleas Court of Montgomery County, Pennsylvania.

May 16, 1950.


Attorney(s) appearing for the Case

Anthony L. Differ, assistant district attorney, for Commonwealth.

Foulke, Foulke & Knight, for defendant.


CORSON, J., May 16, 1950.

The demurrer to the above-entitled indictment was sustained by this court and the decision was based upon the Act of May 16, 1945, P.L. 582, sec. 1, 19 PS § 213 (Commonwealth v. Hayden, 72 D. & C. 75).

The Commonwealth now petitions for a reargument contending that the court overlooked the provisions of the Act of April 6, 1939, P.L. 17, sec. 1, 19 PS § 211. The Commonwealth tacitly admits that under the provisions of...

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