Prine v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer and Court of Quarter Sessions of the county of Butler. This was an indictment against John Prine and others, for burglary and larceny. The record set forth as follows : January 16, 1851, defendants being arraigned, plead not guilty, and put themselves on their country for trial, and the Attorney-General similiter. January 16, 1851, jury called, empannelled, and sworn, and verdict, “ guilty in manner and form as they stand indicted.”
Read the full summary
Error to the Court of Oyer and Terminer and Court of Quarter Sessions of the county of Butler. This was an indictment against John Prine and others, for burglary and larceny. The record set forth as follows : January 16, 1851, defendants being arraigned, plead not guilty, and put themselves on their country for trial, and the Attorney-General similiter. January 16, 1851, jury called, empannelled, and sworn, and verdict, “ guilty in manner and form as they stand indicted.” “ Defendants’ counsel waived the presence of the prisoners, and, at request, of defendants’ counsel, jury polled, when…
1Opinion of the Court
The opinion of the Court was delivered, by
Gibson, C. J.
It is undoubtedly error to try a person for felony in his absence, even with his consent. It would be contrary to the dictates of humanity to let him waive the advantage which a view of his sad plight might give him by inclining the hearts of the jurors to listen to his defence with indulgence. Never has there heretofore been a prisoner tried for felony in his absence. No precedent can be found in which his presence is not a postulate of every part of the record. He is arraigned at the bar; he pleads in person at the bar; and if he is…
2Cited by40 opinions
- Crosby v. United StatesSupreme Court of the United States · 1993
- Cawthon v. StateSupreme Court of Georgia · 1904
- Commonwealth Ex Rel. Spencer v. AsheSupreme Court of Pennsylvania · 1950
- Wilson v. StateSupreme Court of Georgia · 1955
- Commonwealth v. DarcySupreme Court of Pennsylvania · 1949
35 more not listed; retrieve them via the Exa API.