Commonwealth v. Hershman
| Decision Date | 26 June 1953 |
| Citation | 374 Pa. 311,97 A.2d 777 |
| Parties | COMMONWEALTH of Pennsylvania v. David HERSHMAN, Appellant. |
| Court | Pennsylvania Supreme Court |
Rehearing Denied July 13, 1953.
Appeal No. 32 March Term, 1953, from the judgment of the Superior Court of Pennsylvania at No. 56 April Term, 1952, reversing in Part the order of the Court of Quarter Sessions of Allegheny County at No. 655 February Sessions, 1951.
Robert E. Woodside, Atty. Gen., Charles D. Coll, Special Deputy Atty. Gen., and Harry Estep, Asst. Deputy Atty. Gen., for appellee.
Before STERN, C. J., and STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, Jj.
The court being equally divided, the judgment is affirmed on the opinion of the Superior Court, reported in 171 Pa.Super. 134, 90 A.2d 314.
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Commonwealth v. Niemetz
...indictment but rather assumes its validity." Commonwealth v. Hershman, 171 Pa.Super. 134, 139, 90 A.2d 314, 317 (1952), aff'd, 374 Pa. 311, 97 A.2d 777 (1953). even had appellant intended to attack the information, requesting a bill of particulars would not have been the appropriate means b......
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... ... information and becomes part of the criminal charge. We ... distinguish between the concepts of restricting proof and ... amending the information and reject appellant's theory ... The language ... in Commonwealth v. Hershman, 171 Pa.Superior Ct ... 134, 90 A.2d 314, (1952), aff'd 374 Pa. 311, 97 A.2d ... 777 (1953), supports our present position: ... A motion for a bill of particulars does not question the ... sufficiency of an indictment but rather assumes its validity ... When filed, such bill of particulars ... ...
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