Supreme Court of Pennsylvania March 28, 1881, No. 295 (Fulmer v. Commonwealth)

Mr. Justice Trunkey

delivered the opinion of the court, May 2d 1881.

The defendant moved the court “ to quash the first count of said indictment, because he is charged therein with the commission of three separate felonies which motion was refused. Whether its refusal was error must be determined from the count itself, without reference to the evidence subsequently given.