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COMMONWEALTH v. CUSHARD (06/11/57)

June 11, 1957

COMMONWEALTH
v.
CUSHARD, APPELLANT.



Appeal, No. 226, April T., 1956, from judgment of Court of Quarter Sessions of the Peace of Allegheny County, June T., 1956, No. 643, in case of Commonwealth of Pennsylvania v. Edgar M. Cushard, Sr. Judgment affirmed.

COUNSEL

Allen N. Brunwasser, for appellant.

William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney, and Walter W. Riehl, for appellee.

Before Rhodes, P.j., Hirt, Gunther, and Carr, JJ. (wright, Woodside, and Ervin, JJ., absent).

Author: Gunther

[ 184 Pa. Super. Page 194]

OPINION BY GUNTHER, J.

This is an appeal by Edgar M. Cushard from the judgment and order of the Court of Quarter Sessions of Allegheny County.

The prosecution was instituted by Anna K. Gardner by filing an information against appellant charging him with threatening to do her bodily harm. After hearing before the Justice of the Peace, appellant was bound over to court. In the Quarter Sessions Court, he was found guilty and ordered to post a surety bond.

The statutes under which the proceeding was instituted provide as follows:

"If any person shall threaten the person of another to wound, kill or destroy him, or do him any harm in person or estate, and the person threatened shall appear before a justice of the peace, and attest, on oath or affirmation, that he believes that by such threatening he is in danger of being hurt in body or estate, such person so threatening as aforesaid shall be bound over, with one sufficient surety, to appear at the next sessions, according to law, and in the meantime to be

[ 184 Pa. Super. Page 195]

    of his good behavior, and keep the peace towards all citizens of this commonwealth. If any person, not being an officer on duty in the military or naval service of the state or of the United States, shall go armed with a dirk, dagger, sword or pistol, or other offensive or dangerous weapon, without reasonable cause to fear an assault or other injury or violence to his family, person or property, he may, on complaint of any person having reasonable cause to fear a breach of the peace therefrom, be required to find surety of the peace as aforesaid." Act of 1860, March 31, P.L. 427, section 6, 19 P.S. section 23.

"In all cases of surety of the peace, the justice of the peace before whom such case is instituted shall, before he binds any one over to the next term of the court of quarter sessions and in the meantime to keep the peace, upon the oath of another, as provided by section six of the act of March thirty-one, one thousand eight hundred and sixty (Pamphlet Laws, four hundred and twenty-seven), enter into a full hearing and investigation of the facts; and shall only bind over the defendant when the evidence shows, to the satisfaction of the justice, that the prosecutor's or prosecutrix's danger of being hurt in body or estate is actual, and that the hurt in body ...


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