Commonwealth v. Ruth

Where the court of Quarter Sessions, on petition of the defendant in á criminal case, made an order, before trial, directing a stet to be entered; and, in another criminal case against the same defendant, made a similar order after a verdict of guilty, and after the granting of a motion in arrest of judgment on one count of the indictment, and awarding a new trial upon the other counts; both said orders for the entry of a stet being-made against the objection of the district attorney, and bills of exception were sealed: Meld, that writs of error would not lie to review the record, and the action of the court in making said orders, there being no final judgment-in the cases.

Error to the Court of Quarter Sessions of Washington county: Of October and November Term 1883, Nos. 83 and 84. These were two indictments against Samuel Ruth, one for forgery and the other for embezzlement and larceny .as employee. The record in No. 83 showed the following : March 14th 1883, grand jury returns true bill. March 23rd 1883. Petition of defendant, for entry of a stet on all further proceedings under the indictments against him. And now March 26th 1883, the court enters a stet upon above indictment, on payment of costs by defendant. Geo. S. IIart, J. Same day upon objection of the district attorney to said order entering a stet, exception sealed, and defendant ordered to enter into recognizance. Writ of error, &c. The record in No. 84 showed the following. March 14th 1883, grand jury returns true bill. Marct 14th 1883, motion to quash first and fifth counts filed : Mai’cli 15th 1883, motion to quash overruled and exception noted for defendant. March 15th 1883, special plea filed : March 16th demurrer to special plea filed: March 16th demurrer sustained, special plea overruled, with leave to defendant to answer over. March 16th 1883, defendant in court pleads not guilty, et de hoc, &c.; district attorney, similiter and issue : same day jury called and sworn. March 17th 1883, jury came into court, and say the defendant, Samuel Ruth, is guilty in manner and form as he stands indicted : same day motion for a new trial and in arrest of judgment entertained. March 21st 1883, motion for new trial and arrest of judgment, with reasons therefor, filed. March 23rd 1S83, petition of defendant, with reasons, for entry of a stet on all further proceedings under the indictments against him, with request therefor of the committee of the Washington Savings Bank, and of W. A. Mickey, the prosecutor filed. March 26th 1883, order of court filed arresting judgment on the fifth count of the indictment; overruling the motion as to the remaining counts, andas to said remaining counts making the rule for a new trial absolute : same day, on exception made by the district attorney to said order and notice of his intention to apply for a writ of error, with motion that defendant he held to bail, bill sealed for the Commonwealth. Same day, March 26th 1883, order of court filed directing that a stet be entered on the several counts of this indictment, on payment of costs by the defendant: same day, on exception made by the district attorney to said order and notice of his intention to apply for a writ of error, with motion that defendant be held to bail, bill sealed for the Commonwealth. Same day, March 26th 1883, defendant ordered to enter into recognizance. Writ of error, <fcc. The matter assigned for error in each case was the order of the court of March 26th 1883, directing that a stet be entered, in each case as above.