Commonwealth v. Mitchell

Citation37 A.2d 443,349 Pa. 559
Decision Date22 May 1944
Docket Number115
PartiesCommonwealth v. Mitchell, Appellant
CourtUnited States State Supreme Court of Pennsylvania

Argued April 19, 1944.

Appeal, No. 115, Jan. T., 1944, from judgment of Superior Court, Oct. T., 1944, No. 99, reversing judgment of Q.S. Phila. Co., Sept. T., 1938, No. 519, in case of Commonwealth v. John Mitchell. Judgment affirmed.

Same case in Superior Court: 153 Pa.Super. 582.

Indictment charging defendant with robbery. Before BLUETT, J.

Motion by defendant for absolute discharge granted. Commonwealth appealed to Superior Court which reversed the judgment of the lower court. Appeal by defendant to Supreme Court allowed.

Angelo L. Scaricamazza, with him Thomas J. Minnick, Jr., for appellant.

Franklin E. Barr, Assistant District Attorney, with him John H. Maurer, District Attorney, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and HUGHES, JJ.

OPINION

PER CURIAM:

The judgment is affirmed on the opinion of Judge BALDRIGE of the Superior Court.

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2 cases
  • State v. Fish
    • United States
    • United States State Supreme Court of Wisconsin
    • June 28, 1963
    ...State (1834), 2 Miss. (1 How) 163; North Carolina: State v. Webb (1911), 155 N.C. 426, 70 S.E. 1064; Pennsylvania: Commonwealth v. Mitchell (1944), 349 Pa. 559, 37 A.2d 443.9 State v. Soucie, supra, was followed in State ex rel. Hasch v. Johnson Circuit Court (1955), 234 Ind. 429, 127 N.E.2......
  • Commonwealth v. Mitchell.
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 22, 1944
    ... 349 Pa. 559 37 A.2d 443 COMMONWEALTH v. MITCHELL. Supreme Court of Pennsylvania. May 22, 1944. Appeal No. 115, January term, 1944, from the judgment of the Superior Court of Pennsylvania at No. 99, October term, 1944, reversing the judgment of the Court of Quarter Sessions of the County of......

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