S. V. Albo, Pittsburgh, for appellants Held and Scanlon.
Alexander Cooper, Pittsburgh, for appellant Soloff.
William H. Colvin, Charles D. Coll, Sp. Deputy Attys. Gen., Pittsburgh, Frank F. Truscott, Atty. Gen., Harrisburg, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, and Wright, JJ.
[ 175 Pa. Super. Page 424]
The defendants, Jack Soloff, Leonard Held and Martin J. Scanlon, police officers of the City of Pittsburgh, were convicted and sentenced for simple assault
[ 175 Pa. Super. Page 425]
and battery after a trial before a judge and jury in the Court of Quarter Sessions of Allegheny County. Motions in arrest of judgment and for a new trial were refused by the court below, and this appeal followed.
At No. 59 September Sessions 1950, in the Court of Quarter Sessions of Allegheny County, the Attorney General of Pennsylvania, who had superseded the District Attorney of Allegheny County, filed a petition asking that a special investigating grand jury be summoned.*fn1 The petition averred that there existed widespread conspiracies to cheat and defraud the City of Pittsburgh of its properties, supplies and labor; that certain city officials had received money, property and other valuable things to influence their official conduct; that city officials and employes had failed to comply with certain statutes relating to the awarding of contracts; that gambling establishments, lotteries and houses of prostitution operated with the wilful, knowing and corrupt connivance of public officials and employes of the City of Pittsburgh and Allegheny County, and that said officials and employes had accepted bribes for permitting such illegal operations.
In response to the petition an investigating grand jury was impaneled, and on January 2, 1952, it filed a presentment recommending, inter alia, the indictment of the defendants for aggravated assault and battery allegedly committed when arresting a sex offender, one Schilpp. Pursuant to this recommendation of the investigating grand jury, the Attorney General prepared and submitted to the regular March (1952) grand jury indictments 'based upon the Presentment at No. 59 September Sessions, 1950' charging the defendants with aggravated assault and battery upon the
[ 175 Pa. Super. Page 426]
person of Schilpp. True bills were returned by the indicting grand jury. Before the trial, the defendants moved to quash the indictments and for a continuance. Both ...