An information may be so worded that it
will sustain an indictment for either of sev-
eral distinct offenses, and in such case the
drafting of the bill of indictment is a mat-
ter largely within the discretion of the dis-
trict attorney.

The courts do not expect committing mag-
istrates to know the distinction in cases
having similar elements, therefore the dis-
trict attorney must be vested with discretion
as to the manner and form of laying the of
fenses in the indictment; and as long as he
sets out in the bill the charge for which the
arrest was made and the hearing had, he
should be sustained.

An information need not contain as full
and specific a statement of the offense as is
required of the indictment.

An information which sets forth that the
defendant, with intent to defraud another
falsely, represented that the latter was af-
flicted with a curse, and fraudulently re-
ceived money for the removal of the curse,

is sufficient to sustain an indictment under

paragraph 111, of the Act of 1860, P. L. 410,

relating to fortune telling, although it might
be sufficient to sustain an indictment charg-
ng false pretenses.
-COMMONWEALTH V. DICE, 41

Criminal laro - Embezzlement - Bail
for appearance-Constitutional law.

In fixing bail for appearance the Constitu-
tion provides that excessive bail shall not be
required.

In general, the matters to be considered in
fixing the amount of bail in cases of this
character are: (1) The gravity of the of
fence; (2) the sum embezzled; (3) the pen-
alty in case of conviction; (4) the age and
condition of health of the defendant; and
(5) the prior standing and reputation of the
defendant.

-COMMONWEALTH V. WILLIAMS, 92

Criminal law-Statutory rape-Age of
defendant--Proof of.

The age of the defendant is a constituent
element of the crime of statutory rape, and

Criminal law-Indictment--Felonious
entry- Larceny and receiving stolen

goods.

A count of an indictment intended to
charge felonious entry which gives no de-
scription or particulars of the premises en-
tered other than the name of the owner is
defective and should be quashed.

Counts of an indictment charging larceny
and receiving stolen goods in which the stol-
en goods are described as "a lot of fresh beef
dressed" do not furnish the defendant with
sufficient information of the charge he is to
meet to enable him to prepare for his de-
fense, or to protect him from a second pros-
ecution in the event of his acquittal or con-
viction on the first indictment, and should
be quashed.

_COMMONWEALTH V. FRENCH, 101

Criminal law-Indictment for carrying
concealed weapons by foreigner-Com-
plaint-Act of March 18, 1875, May 8,
1909, and May 24, 1923—Constitution,
1rt. III, Sect. 3.

An indictment for carrying a concealed,
deadly weapon under the Act of March 18,
1875, P. L. 33, cannot be based on a complaint
under the Act of May 8, 1909, P. L. 466.

The Act of May 8, 1909, was specifically re-
pealed by the Act of May 24, 1923, P. L. 359,
and an indictment under it cannot be sus-
tained.

The offense not being designated as a mis-
demeanor or a felony under the Act of May
24, 1923, should have been proceeded with
before the alderman as a summary convic-
tion, and an indictment cannot be main-
tained.

Quaere, whether the Act of May 24, 1923,
is not unconstitutional as in violation of
Article III, Section 3, of the Constitution.
-COMMONWEALTH V. RINALDI, 143

Criminal law-Issuing a check with-
out sufficient funds in bank-Jurisdic-
tion, crime begun in one county and com-
pleted in another-Improper remark by
counsel. manner of putting objections on
the record.

The proper way to bring objec fonable
remarks of counsel before the court for ad-
justment, is to formally and definitely ex-
cept to the remarks at the time of their ut-
terance, so that the exceptions will become
a part of the record.

A remark made in the course of the cross-
examination of a defendant indicating that
he is a Hebrew was held not prejudicial to
the defendant so as to require a withdrawal
of a juror, or the granting of a new trial.

Where, in the trial under an indictment
charging the drawing of a check without
having sufficient funds in the depository,
there was evidence that the check was sent
by mail by the prosecutor from the county
in which he resided to an alderman in an-
other county acting for the payee, a convic-
tion in the latter county was sustained.
-COMMONWEALTH V. ROGOWSKI, 145

Intoxicating liquors-Criminal lazo-
Forfeiture of vehicle-Statute strictly
construed Chattel mortgage - Act of
March 27, 1923, P. L. 34.

-COMMONWEALTH V. MATHIS, 18

Criminal Law-Interpretation of stat-
utes-Condemnation of vehicle used in
unlawful transportation of intoxicating
liquor-Rights of chattel mortgagee out
of possession-Act of March 27, 1923,
P. L. 34, Sec. 11, subdivision (D), and
Clause (III) of subdivision (B).
-COMMONWEALTH V. ONE DODGE AUTOмо-

BILE, 30

When an account is filed by an adminis-
trator d. b. n. c. t. a. and the money in his
hands arises from real estate, he must show
the manner in which this money came into
his hands; how he became such administra-
tor and what authority he had to sell the real
estate.

-ESTATE OF GEORGE W. FARQUHAR, 20

Decedent's estate - Lawyer's fees -
Contract for.

Counsel fees of one-third of the amount
recovered may be allowed on a quantum
meruit even though the original agreement
llowing the same might not be binding,
where the counsel, after a struggle of twen-
y-five years, succeeded in getting through
congress and recovering from the government
a repayment of whiskey tax wrongfully col-
ected.

-ESTATE OF JACOB F. SCHEAFFER, DEC'D, 84

Decedent's estate-Appraisement un-
der Section 2 (a), of Act of June 7,
1917, P. L. 431-432-Exception to ap-
praisement.

There is no provision for an appeal from
an appraisement made under Section 2 (a),
of the Act of June 7, 1917, P. L. 431-432, as
mended by the Act of June 11, 1917, P. L.
755; but the courts have sanctioned a review
of such appraisements upon exceptions.

The act does not restrict the spouse in the
selection of any class or kind of real estate,
nor does it allow any relative or other heir.
or creditor to restrict the choice.

The valuation placed by sworn appraisers
upon the property selected by the spouse
must be respected, unless there is clearly
hown fraud or collusion, or such evident
undervaluation of the property as may sug-
est fraud or collusion.

An appraisement of real estate selected by
surviving spouse in which the real estate
valued at $4,000.00 was permitted to

was

stand where an exception offered to pay
$4500.00 for the same real estate.
-LEATHERY'S ESTATE, 93

Decedent's estate-Additional inven-
tory--Duty of executor-Act of June 7,
1917, P. L. 447.

After death of testator an inventory was
led by the executrix. Subsequently, per-
sonal property consisting of household goods
end cash in bank was discovered which was
not included in the inventory, and a petition
was filed asking for an additional inventory.
A citation was awarded and the executrix
in her answer claimed the property referred

The duty of every executor and adminis-
trator, under the Act of June 7, 1917, P. L.
447, section 12 (a), is to make a true inven-
tory of the personal estate of the decedent

quired to discontinue a suit for the same
cause of action instituted in another court.
-HARVEY'S ESTATE, 99

quently discovered comes to the possession
or knowledge of the executor, he shall make
an inventory thereof, and file the same with-
in thirty days from the time of the discov-
ery thereof.

Irrespective of the respondent's claim un-
der the provisions of the will, the proper
time and place to assert claims is on the set-
tlement of her account. An executor or ad-
ministrator should not be the arbiter of the
measure of his responsibility to creditors
or distributees.

-CUMMINGS' ESTATE, 94

Decedent's estates-Widow's exemp-
tion-Fiduciaries Act 7 June, 1917, Sec-
tion 12 (a).

The right of a widow to claim her exemp
tion out of her husband's estate depends
upon the existence of the family relation
Where the evidence shows that the decedent
and his wife had not lived together for six
years prior to his death, but their separa-
tion had been caused by circumstances over
which the wife had no control and did not

amount to a desertion, but was unavoidable,
the family relation continued and she is en-
titled to her exemption.

-REISS' ESTATE, 98

executor brought proceedings against her
husband's executor to compell payment of
the widow's exemption, the husband's ex-
ecutor was incompetent to testify as to what
occurred between him and the widow in re-
gard to her demand for payment to her of
her widow's exemption and as to the alleged
payments by him to her on account of said
exemption.

When a widow in her life time has duly
made her demand on the executor of her
husband's estate for payment of her exemp-
tion fund, her administrator or executor, af-
ter her death, can collect it from such ex-
ecutor.

Where the whole of a decedent's estate has
been converted into money, a proceeding to
set aside by an appraisement the widow's ex-
emption is unnecessary, the proper practice
is to make an immediate order for the pay-
ment of the same.
- MEADS' ESTATE, 117

Decedents' estates-Collateral inheri-
tance tax on life estate.

-WANNER ESTATE, 62

DECLARATORY JUDGMENTS.

Jurisdiction.

Whether or not a suit is pending in some
other court all creditors who have had due
notice are bound to present their claims be-
fore the orphans' court in order to partici-
pate in the fund for distribution, and which
is shown as a balance in the executor's ac-
count.

The orphans' court has general jurisdiction
over claimants against estates of decedents
and the funds to be distributed to creditors,
legatees and heirs. This jjurisdiction is not
to be ousted by reason of a suit having been
filed in some other court, and while the or-
phans' court is bound by what has been de-
cided in such other suits, yet its jurisdiction
continues as to the fund in the estate to be
distributed and the portion to be awarded to
such creditor.

Claimant being compelled to present his
claim in the orphans' court cannot be re-

Where the court in which the petition is
filed is without power to enforce the decla-
ratory judgment sought, it may refuse to
enter it under section 6 of the act of June
18, 1923, P. L. 840, as such judgment if en-
tered would not terminate the controversy.
-DUFF'S ESTATE, 21

cases which clearly come within the terms
of the act.

A school district can not use part of the
proceeds of an issue of bonds made in 1923
for the "purpose of funding a portion of the
floating, temporary and current indebtedness"
of the district, for the payment of current
expenses in 1924.

-PETITION OF DUNMORE SCHOOL DISTRICT
FOR DECLARATORY JUDGMENT, 80

DEMAND.

For-

14, 1915, P. L. 312, and June 7, 1923,

P. L. 677-Repeal of one Act by another

by implication.

Under the Borough Act of May 14, 1915,

-MYERS V. BOYLAN, 39

DEMURRER.

Libel-Demurrer-Effect of demurrer

1923, P. L. 677, boroughs have the power,

without petition of property owners, to
grade, pave, curb, macadamize, or otherwise
improve public streets, or parts thereof, and
assess the cost thereof, one-third against
the owners of the property abutting on each
side of the street and the remaining one-
third to the borough, when said streets, or
parts thereof, do not exceed one thousand
feet in length and connect two streets, or
parts of a street theretofore paved and im-
proved.

The Act of June 7, 1923, contains no re-
pealing clause. It must be considered as an
enlargement of or an addition to the classi-
fication of streets found in the Act of 1915;
and it has no effect whatever on other legis-
lation relating to the paving, etc., of other
streets in a borough.

One Act is held to repeal another by im-
plication only in cases of very strong repug-
nancy or irreconcilable inconsistency.
-PETITION OF WINTON BOROUGH FOR DE-
CLARATORY JUDGMENT, 27

Declaratory judgment Act of June
18, 1923, P. L. 8.40-Schools-Right to
use balance of bond issue for payment
of current expenses.

Rule to open-Power of court over judg-

ments.

-KEEFER V. INTELLIGENCE AND NEWS-
JOURNAL, 167

DETECTIVE LICENSE.

Detective license - Act of May 23.
1887-Judicial discretion - Competency
and integrity of applicant-Not substi-
tuted for public official-Act not to be
used as referendum vote of people.

The Act of May 23, 1887, P. L. 173, vests in
the court of quarter sessions authority to
appoint private detectives, when deemed
necessary and expedient.

"No such license shall be granted, until
satisfactory proof of the competency and
integrity of" the applicant has been made.

The function of such appointee is to make
investigations for hire or reward, and not to
take the place and perform the functions of
a constable or police officer.

Where the applicant has been a candidate
for the office of constable and defeated, the

court will not set aside the will of the peo-

ple so publicly declared, by the subterfuge
of pretending to appoint such defeated can-

didate a private detective, with the under-