Commonwealth v. Ahlgrim

• Decision Date: 18 April 1930
• Docket Number: 162-1930,164-1930
• Citation: 98 Pa.Super. 595
• Parties: Commonwealth of Pennsylvania, Appellant, v. Ahlgrim
• Court: Pennsylvania Superior Court

98 Pa.Super. 595

Commonwealth of Pennsylvania, Appellant, v. Ahlgrim

Nos. 162-1930, 164-1930

Superior Court of Pennsylvania

April 18, 1930

Argued March 11, 1930.

Appeal by Commonwealth and City of Erie, from judgment of Q. S Erie County, May Sessions, 1929, 179, in the case of Commonwealth of Pennsylvania v. Clarence C. Ahlgrim.

Appeal from a summary conviction. Before Hirt, J.

The facts are stated in the opinion of the Superior Court.

The court adjudged the defendant " not guilty" and directed that the costs be paid by the City of Erie. The Commonwealth and the City of Erie appealed.

Error assigned was the order of the court.

T. P Dunn, Assistant City Solicitor, and with him Otto Herbst District Attorney, for appellants. -- It is an abuse of discretion for a trial court to permit a verdict for costs against a public official acting in good faith to stand Commonwealth v. Shaffer, 52 Pa.Super. 230; Commonwealth v. Dickinson, 62 Pa.Super. 468.

William J. Carney, and with him Clark O. Tayntor, for appellee. -- The Commonwealth cannot appeal from a verdict of not guilty rendered by the court of quarter sessions, except in the misdemeanor of forcible entry, detainer and nuisance: Commonwealth v. Capp, 48 Pa. 53; Commonwealth v. Wallace, 114 Pa. 405.

Before Trexler, P. J., Keller, Linn, Gawthrop, Cunningham, Baldrige and Graff, JJ.

OPINION

BALDRIGE, J.

The City of Erie, a municipal corporation of the third class, created a board of health, which, on November 14, 1928, and February 14, 1929, adopted certain regulations, providing, inter alia, for the payment of fees for the inspection of grocery stores. The defendant refused to pay the fees, was arrested, tried before an alderman of the City of Erie for violation of the rules and regulations of the board of health, found guilty, and sentenced to pay a fine of fifty dollars. He thereupon appealed to the court of quarter sessions. After hearing before the court, the defendant was adjudged " not guilty" and the costs were directed to be paid by the City of Erie.

Appeals were taken by the Commonwealth of Pennsylvania and the City of Erie. The defendant asked that the appeal of the Commonwealth be quashed as no appeal lies from a definitive judgment of " not guilty" entered by the court of quarter sessions.

Under the law, the Commonwealth is not clothed with the right of appeal, except where an indictment is quashed, or a judgment arrested after a verdict, or in cases of forcible entry and detainer and nuisance: Commonwealth v. Wallace, 114 Pa. 405; Commonwealth v. Steimling, 156 Pa. 400; Commonwealth v. Coble, 9 Pa.Super. 215; Commonwealth v. Preston, 92 Pa.Super. 159; Commonwealth v. Benson, 94 Pa.Super. 10.

This case does not come under any of those exceptions. It is difficult to determine what kind of an action this is. Its primary object was apparently to enforce the payment of a penalty for violation of the board of health's rules and regulations, and if so, it comes under the Act of 1889, P. L. 277 (308), which provides that the rules and regulations of a board of health " shall have the force of ordinances of the city, and all penalties for the violation thereof, as well as expenses necessarily incurred for carrying the same into effect, shall be recoverable for the use of the city, in the same manner as penalties for the violation of city ordinances, subject as to the like limitations as to the amount thereof."

It is claimed, however, by the appellee that this prosecution was brought in the name of the Commonwealth, not to enforce a penalty, but for a misdemeanor, under Clause 8 of Section 46 of the Act of May, 1874, P. L. 230, which provides that whoever violates any of its provisions or " any order of the said board of health, made under the authority of the same, or of any law or ordinance therein referred to," shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both, and, further, " any person, corporation or body which may have done or omitted any act or thing which is in this act, or any law or ordinance therein referred to, declared to be or to subject the...