Commonwealth v. Dukehart

• Decision Date: 16 April 1901
• Docket Number: 10-1900
• Citation: 17 Pa.Super. 71
• Parties: Commonwealth v. Dukehart
• Court: Pennsylvania Superior Court

17 Pa.Super. 71

Commonwealth v. Dukehart

No. 10-1900

Superior Court of Pennsylvania

April 16, 1901

Argued March 18, 1901 [Syllabus Matter]

Appeal by defendant, from order of C.P. Franklin Co.-1898, No. 104 affirming order of justice of the peace in case of Commonwealth v. I. Frederick Dukehart, John W. Lohman and Harry Helman.

Certiorari to justice of the peace.

The information upon which the defendants were arrested was as follows:

" State of Penna.,]

County of Franklin.]

ss.

" On this 11th day of Oct., A. D., 1898, personally appeared before me a Justice of the Peace within and for the county aforesaid Harry Creager who being duly sworn according to Law Says that three Debts Fredric Dunkehart, John W. Lohman and Harry Hellman all of Waynesbyro, Franklin Co., did unlawfully on Sunday, October 9th, 1898, make themselves Drunk and disorderly on the Public road in front of the affiants House in Franklin Co., __ Pa. __, and disturbed the Public Peace to the annoyance of the Neighborhood and made use of the following Oaths whare in the name of God was unlawfully used Dukehart five Jno. W. Lohman ten Harry Hellman five they were all Intoxicated and Drank from a Large Bottle in the Public Road and further affiant Saith not."

The material portions of the transcript of the justice were as follows:

" Now, Oct. 20, 1898, 9 A. M., Defts appear for a hearing. Charles Walters, Esq., appears for Defts after hearing the Evidence of Harry Creager, Laura Creager, Henry Ressler, Mary Ressler, John Lucket, Augustus Lucket, Mollie Gates, Wilson Fraker, Henry Minor, Hal Brown, John Lohman, I. F. Dukehart, Harry Hellman, Hiram Moats, Katie Moats. Decision continued to Saturday, Oct. 22nd, 1898, be it Remembered that on the 20th day of October, 1898, John W. Lohman, Constable, I. F. Dukehart, Chief of Police, Harry Hellman, Labor all of Waynesboro, Franklin Co., __ Pa. __, is convicted before me being One of the Justices of the county of Franklin of Swearing Seven profane Oaths by the name of God as follows: Lohman, four, I. F. Dukehart, two and Hellman, One and I do adjudge them to forfeit for the Same the Sum of Sixty Seven cents for each Oath as Follows: John Lohman, four Oaths, $ 2.68, I. Frederic Dukehart, two Oaths, $ 1.34, Harry Hellman, One Oath, 67 cents and costs of the suit the charge of Drinkin and Disorderly conduct is hereby dismissed for the want of Evidence given under my hand and Seal the day and year aforesaid."

The assignments of error to the conclusion were among others as follows:

2. The record does not show that the justice had jurisdiction, in that it does not set forth that the offense was committed within the county of Franklin.

3. The judgment is wrong in that it does not show the alternative duration of imprisonment as well as the amount of each fine inflicted.

8. The record does not contain the finding that a special act has been performed by the defendant, nor any one of them, nor does it discover or define it in such a way as to individuate and show that it falls within the unlawful class of acts. Nor does the record show a well defined act forbidden by law.

The court affirmed the judgment, John Stewart, P. J., filing the following opinion:

The motion to quash the writ in this case is supported by no sufficient reason, and we dismiss it without discussion. The certiorari itself is quite as feebly supported, and no extended comment is necessary. It is clear beyond question that the justice had jurisdiction both of the cause of complaint and the parties charged; of the former, by virtue of the act of assembly, of the latter by reason of their appearance before his tribunal to answer the complaint. The record shows a specific act committed by the defendants, in violation of law, to wit: profane swearing, wherein the name of God was unlawfully used. Had the record...