Opinion
July 12, 1933.
July 14, 1933.
Criminal law — Verdict of "Not Guilty" — Direction of trial court — Appeal by Commonwealth.
In the trial of an indictment charging the defendant with setting up a gambling device, the trial court instructed the jury that the Commonwealth had failed to prove that the machine was a gambling device and directed the jury to render a verdict of "not guilty." The jury rendered a verdict as instructed.
In such circumstances the Commonwealth cannot secure a review of the case and an appeal will be quashed.
The Commonwealth has no right of appeal after a verdict of "not guilty" even though an error is committed by the trial court or a perverse finding of the jury, except for error in quashing an indictment, arresting judgment after verdict of guilty and in cases charging nuisance, forcible entry and forcible detainer.
Appeal No. 74, April T., 1934, by Commonwealth from decree of Q.S., Somerset County, February Sessions, 1933, No. 53, in the case of Commonwealth of Pennsylvania. v. L.G. Heiland.
Before TREXLER, P.J., KELLER, CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and JAMES, JJ. Appeal quashed.
Trial of an indictment charging the defendant with setting up a gambling device. Before BOOSE, P.J.
The facts are stated in the opinion of the Superior Court.
The court directed the jury to return a verdict of "not guilty". Commonwealth appealed.
Error assigned, among others, was the charge of the court.
P.G. Cober, District Attorney, and with him Joseph Levy, for appellant, cited: Commonwealth v. Simpson, 310 Pa. 380; Commonwealth v. Tremeloni, 93 Pa. Super. 432. John A. Berkey, for appellee, cited: Commonwealth v. Emery, 273 Pa. 518.
Argued July 12, 1933.
The defendant was charged with setting up a gambling device "to wit, mint slot machines at which money and other valuable things were played for."
The trial judge decided that the Commonwealth had failed to prove that the machine was a gambling device and directed the jury to render a verdict of "not guilty" and to dispose of the costs, and the jury did accordingly, and rendered a verdict of "not guilty," and placed the costs on the defendant. The Commonwealth appealed. This it had no right to do.
In cases charging nuisance, forcible entry and forcible detainer, the Commonwealth is given the right of appeal by Act of 19 May 1874, P.L. 219. For error in quashing an indictment, arresting judgment, after verdict of guilty and the like, the Commonwealth may appeal. After a verdict of "not guilty," except in the above enumerated cases, the Commonwealth cannot secure a review of the case. The rule is the same whether the result is an error committed by the trial court or a perverse finding of the jury. See Com. v. Weber, 66 Pa. Super. 180; Com. v. Preston, 92 Pa. Super. 159.
The appeal is quashed.