Commonwealth v. Nichols
Commonwealth v. Nichols
Opinion of the Court
We agree with the learned judge below that, although the information did not specify the act and the section thereof al
We are not willing to commit ourselves to the proposition that an order upon certiorari to a justice of the peace, merely overruling exceptions to his record, is a final judgment from which an appeal can be taken. But as counsel on both sides, by their agreement printed in the appellant’s paper-book, evidently intend that it shall be treated as such, we will not subject them to further expense and delay in the disposition of the case.
The order of the court and the judgment of the justice of the peace are affirmed at the costs of the appellant, and the record is remitted to the court below to the end that the judgment be carried into effect.
Reference
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- Fish law — Summary conviction — Justice of the peace — Certiorari— Act of May 29, 1901, P. L. 302. A conviction before a justice of the peace for violating see. 11 of the' Fish Law of May 29, 1901, P. L. 302, will be sustained where the information sufficiently charges a violation of the section, although the act and the section are not specifically referred to in the information.