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COMMONWEALTH v. O'DAY

No. 100.

16 Pa. D. & C. 2d 206 (1958)

Commonwealth v. O'Day

Common Pleas Court of Luzerne County, Pennsylvania.

May 5, 1958.

Attorney(s) appearing for the Case

Albert H. Aston, District Attorney, and Arthur Silverblatt, First Assistant District Attorney, for Commonwealth.

Nicholas R. Degillio, for defendant.

FLANNERY, J., May 5, 1958.

The transcript charged defendant with the crime of "attempted rape" upon the person of a woman child, age seven years. The grand jury returned an indictment for indecent assault.

Defendant now moves to quash and assigns four reasons. These are related and, in effect, maintain the indictment is defective in that it sets forth neither the crime charged in the transcript nor its essential...

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