Westmoreland Law Journal, volume 9

Cover Westmoreland Law Journal, volume 9
Westmoreland Law Journal, volume 9
Westmoreland Co., Pa. Courts
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2. The indictment is not in accordance with the proced- ure prescribed by the same statute, because it has been pre- pared and signed by the District Attorney, and not by the Attorney General or special attorney or both.
3. The defendant is entitled to the benefit of the statute in every way, as well as subject to its penalties, and being a penal statute it must be strictly construed.
NJ Digitized by VjOOQIC WESTMORELAND LAW JOURNAL 77 Speaking generally of these reasons, we say that, in our op
...inion, they are adequate to support the motion now made, liie bill of indictment is signed by the District Attorney, "Nevin A, Cort, District Attorney/' It was that document that was presented to the Grand Jury, and on that the bill has been found. There is- no indication of any authority other than the ordinary authority of a district attorney to prefer such a bill. The basis for the bill that appears in the information is signed by ^'C. E. Snyder, M. D., complainant." It is dated the 17th of July, 1919.

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