Byers & Davis v. Commonwealth
Supreme Court of Pennsylvania
Certiorari to Alderman David B. Beitler, of the city and county of Philadelphia. On the 26th clay of March 1862, the defendants were arrested and brought before said alderman, on the charge of being professional thieves, &c. After hearing, they were committed to the prison of said county, agreeably to the provisions of the Act of Assembly, passed March 13th, A. D. 1862, for the city of Philadelphia, which will be found in the opinion of this court.
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Certiorari to Alderman David B. Beitler, of the city and county of Philadelphia. On the 26th clay of March 1862, the defendants were arrested and brought before said alderman, on the charge of being professional thieves, &c. After hearing, they were committed to the prison of said county, agreeably to the provisions of the Act of Assembly, passed March 13th, A. D. 1862, for the city of Philadelphia, which will be found in the opinion of this court. April 17th 1862. The defendants presented their petition to the Honourable George W. Woodward, one of the justices of this court, setting forth,…
1Opinion of the Court
The opinion of the court was delivered by,
Strong, J.
The plaintiffs in error having been convicted, and committed under an Act of Assembly passed March 13th 1862, sued out a habeas corpus and this certiorari, and their first assignment of error brings in question the constitutionality of the act under which the conviction took place. The act is contained in two sections. By the first, it is enacted, that “ if any person shall be charged on oath or affirmation, before the mayor or police magistrate of the- Central Station of the City of Philadelphia, with being a professional thief or…
2Cited by65 opinions
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- Western Pennsylvania Socialist Workers 1982 Campaign v. Connecticut General Life InsuranceSupreme Court of Pennsylvania · 1986
- Wertz v. Chapman TownshipSupreme Court of Pennsylvania · 1999
- State v. MaierSupreme Court of New Jersey · 1953
- Fleming's EstateSupreme Court of Pennsylvania · 1919
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