# Commonwealth v. Hubbs (No. 2)

> Superior Court of Pennsylvania · May 5, 1939 · 137 Pa. Super. 244

URL: https://www.frixlaw.com/law-library/cases/9825890

## Case

- **Full name:** Commonwealth, Appellant, v. Hubbs
- **Court:** Superior Court of Pennsylvania
- **Decided:** May 5, 1939
- **Citations:** 137 Pa. Super. 244; 8 A.2d 618; 1939 Pa. Super. LEXIS 35
- **Precedential status:** Published
- **Opinion:** Dissent by Keller
- **Judges:** Keller, Cunningham, Baldrige, Stadtfeld, Parker, Rhodes, Hirt
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9825890

## Opinion text

Keller, P. J., Rhodes and Hirt, JJ.,
dissent from that portion of the decision of the majority of this court which affirms the action of the court below in quashing counts one and three of the indictment, being of opinion that the averments therein, that the defendant “did wilfully misbehave himself in office,” in that “he did wilfully omit, neglect and refuse to cause the laws of the Commonwealth” against gambling to be enforced, sufficiently charged the commission of a common law offense.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9825890. Public record. Not legal advice.