Commonwealth v. Miller
Commonwealth v. Miller
Opinion of the Court
Opinion by
The indictment upon which the defendant was convicted was drawn under section 66 of the act of March 31, 1860, and charged that he, being a duly elected and qualified director of the school district of the township of Washington, and acting as such, “ was unlawfully and corruptly interested directly and indirectly in a contract for the sale and furnishing of supplies and materials to be furnished to and for the use of said school district of which he was a director as aforesaid, to wit: for the furnishing of labor, materials, horses and wagons for the distributing of maps, books and supplies to the several school
It is claimed that the indictment was not sufficiently specific as to the kind of supplies and materials furnished or to be furnished under the contract, the price or prices agreed upon, and other particulars. It is argued that the averment of these particulars was essential to enable the defendant to prepare his defense and to protect him- against a second prosecution for the same offense, and because of the omission to aver them more specifically, the motion to quash ought to have been ah lowed. This position cannot be maintained. Where the offense is purely statutory, having no relation to the common law — where, in other words, the statute specifically sets out what acts shall constitute the offense — section 11 of the criminal procedure act of 1860, which provides that every indictment shall be deemed sufficient, which charges the crime substantially in the language of the act of assembly prohibiting the crime and prescribing the punishment, is applicable. This statutory rule as applied by the courts of this commonwealth works no hardship and infringes no constitutional right of the accused, for, whenever before trial he needs more specific information than is contained in the indictment, drawn in accordance with the provision of the criminal procedure act, to enable him to make a just defense, it may be had on timely and proper application to the court for a bill of particulars. This is none the less true, because an application for a bill of particulars is addressed to the sound discretion of the court: Commonwealth v. Johnston, 19 Pa. Superior Ct. 241, citing Williams v. Commonwealth, 91 Pa. 493; Commonwealth v. McCoy, 10 Pa. Superior Ct. 598 ; Commonwealth v. Bethlehem Boro., 15 Pa. Superior Ct. 158, 166. No application for a bill of particulars was made by the defendant, and as the offense was charged substantially in the language of the act, it is now too late for him to complain that the indictment was not sufficiently specific.
The objection that the. indictment charged three separate and distinct misdemeanors in one count was assigned as an additional reason for quashing the indictment, but this was not done until after,the original motion to quash had been overruled,
The sixty-sixth section of the act of 1860, so far as material here, provides, “ nor shall any member of any corporation or public institution, or any officer or agent thereof, be in anywise interested in any contract for the sale or furnishing of any supplies, or materials to be furnished to, or for the use of, any corporation, municipality or public institution of which he shall be member or officer, or for which he shall be an agent, nor directly nor indirectly interested therein, nor receive any reward or gratuity from any person interested in such contract or sale.” That a school district is embraced by the terms “ corporation, municipality or public institution,” taking them in the sense in which the legislature used them in this section, is not open to question: Commonwealth v. Morrisey, 86 Pa. 416. But it is argued that it is not enough that the person interested in the contract to sell or furnish materials or supplies to such corporation or municipality be an officer or agent thereof, but that he must also be a member, officer or agent of some other corporation or public institution furnishing them; in other words, a contract between a school director as an in
A corrupt or dishonest intent, or unfairness in the price charged or contracted for the supplies or materials, is not an essential element of the offense. Therefore, the allegation of the indictment that the defendant was “ corruptly ” interested in the contract was surplusage, and properly was so treated by the trial judge in the charge and the answers to the defendant’s points : Commonwealth v. Frey, 50 Pa. 245. It was not incumbent on the commonwealth to proye the allegation, and for the same reason disproof of it by evidence of the fairness of the price paid or agreed to be paid for the supplies or materials would not have constituted a defense. As this was the sole purpose of the offer of evidence quoted in the seventh assignment there was no error in rejecting it.
The defendant has no just cause of complaint against the answer to his fourth point, inasmuch as the answer was in the exact words of the rule laid down in Commonwealth v. Eckerd,
All the assignments of error are overruled and the judgment is affirmed.
Reference
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- Criminal law — School directors — Corrupt interest in contracts — Indictment. Where an indictment against a school director charges him substantially in the words of section 66 of the act of March 31, 1860 with being interested in a contract for furnishing'school supplies to the district of which he is director, and no application is made for a bill of particulars, the defendant is not entitled to have the indictment quashed because it was not sufficiently specific as to the kind of supplies and material furnished, or the price or prices agreed upon. After a motion to quash an indictment has been overruled, the jury sworn, and the testimony taken, it is too late to move to quash the indictment because it charged several separate and distinct misdemeanors in one count. An indictment charging a school director with being interested in a contract for furnishing materials and supplies will not be quashed because it charged that certain materials and supplies were furnished to one schoolhouse of the district, and that certain other materials and supplies were furnished to another schoolhouse of the district. In such a case the gravamen of the offense charged is not the mere furnishing of the materials and supplies, but the being unlawfully interested in the contract under which they were furnished. The sixty-sixth section of the act of March 31, 1860 as applied to school directors is not restricted to cases where the director of the purchasing school district is at the same time a member, officer or agent of some other corporation which has contracted to furnish the supplies or materials, but includes a case where the contract is between a person in his sole right, or as a member of a firm, officer or agent of a corporation, and the school district of which he is a director. A corrupt or dishonest intent, or unfairness in the price charged for the supplies and materials, is not an essential element of the offense. Therefore, an allegation in an indictment that the defendant was “corruptly” interested in the contract is surplusage. Evidence — Criminal law — Good character — Reasonable doubt. Evidence of good character is substantive and positive proof in the prisoner’s behalf, and may give rise to a reasonable doubt, which would not otherwise'exist, by making it improbable that a man of such character would commit the offense charged; but where the jury is satisfied beyond a reasonable doubt under all the evidence that the defendant is guilty, evidence of previous good character is not to overcome the conclusion which follows from that view of the case.