Smith v. Commonwealth ex rel. McGarvy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: No. 142, to October and November Term 1867. This was an action of debt at the suit of the Commonwealth for the use of Jane McGarvy against Joseph B. Smith and others, who survived R. M. Kiskaden, sheriff of Armstrong county.
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Error to the Court of Common Pleas of Armstrong county: No. 142, to October and November Term 1867. This was an action of debt at the suit of the Commonwealth for the use of Jane McGarvy against Joseph B. Smith and others, who survived R. M. Kiskaden, sheriff of Armstrong county. The suit was on the official bond of the sheriff, dated November 25th 1865, and was commenced January 5th 1867. John McNutt, on the 7th of June 1866, was convicted of fornication and bastardy with Jane McGarvy. The sentence was as follows:— “And now, to wit, 9th June 1866, the court sentence defendant, John McNutt,…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Agnew, J.
All of the assignments of error in this case can be disposed of by following in order the propositions of the plaintiff in error.
It is alleged that the sentence did not contemplate imprisonment. This is made to turn upon a criticism of the word “ custody,” as a mere keeping watch or care of the person, and not an imprisonment. But this is not so. This word is used in, and is a part of, a sentence of the court upon a conviction of a misdemeanor, and is to be interpreted accordingly. This sentence is a final order of the court…
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