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COMMONWEALTH v. BALTZLEY

No. 21.

11 Pa. D. & C. 2d 235 (1957)

Commonwealth v. Baltzley

Common Pleas Court of Adams County, Pennsylvania.

March 9, 1957.

Attorney(s) appearing for the Case

Daniel E. Teeter, for Commonwealth.

Sidney G. Handler and Eugene R. Hartman, for defendant.

SHEELY, P. J., March 9, 1957.

Three questions are presented in this motion to quash the indictment returned by the grand jury against defendant. Does the indictment charge an offense at common law? Does it charge a statutory offense? Is there a fatal variance between the information laid before the justice of the peace and the indictment returned by the grand jury?

The indictment charges that defendant did "unlawfully, willfully and knowingly . . . obstruct...

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