Abbott v. Commonwealth
Supreme Court of Pennsylvania
ERROR, to the quarter sessions of Westmoreland county,- This was an indictment against Thomas D. Abbott for betting on an election, contrary to the act of assembly of the 24th of March 1817. On the first of June 1839, there was judgment on demurrer against the defendant. On the 2d of July 1839, the law under which the defendant was prosecuted, was repealed. On the 19th of August 1839, the defendant was sentenced; and the question was, whether the sentence was legal.
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ERROR, to the quarter sessions of Westmoreland county,- This was an indictment against Thomas D. Abbott for betting on an election, contrary to the act of assembly of the 24th of March 1817. On the first of June 1839, there was judgment on demurrer against the defendant. On the 2d of July 1839, the law under which the defendant was prosecuted, was repealed. On the 19th of August 1839, the defendant was sentenced; and the question was, whether the sentence was legal. The court below.determined it was.
1Opinion of the Court
*518The opinion of the Court was delivered by
Rogers, J.
A proceeding which is imperfect when a law under which it was begun expires, can not be perfected; what is done afterwards is void. Steaver v. Immell, 1 Watts 258. No proceeding can be pursued under a repealed statute, though begun before the repeal, unless by a special clause in the repealing act. 4 Yeates 392; United States v. Passmore, 4 Dall. 373. When an act of assembly directed that from and after the passing of the act, no person shall be subject to prosecution by indictment for a particular offence, at common law, it was held that it…
2Cases cited4 opinions
- Commonwealth v. DuaneSupreme Court of Pennsylvania · 1809
- Stoever v. ImmellSupreme Court of Pennsylvania · 1832
- Certiorari to the Sessions of Montgomery CountySupreme Court of Pennsylvania · 1807
- Barrington v. Bank of WashingtonSupreme Court of Pennsylvania · 1826
3Cited by8 opinions
- Commonwealth of Penna. v. BeattieSuperior Court of Pennsylvania · 1928
- State v. ShowersSupreme Court of Kansas · 1885
- Com. of Pa. v. BenedictSuperior Court of Pennsylvania · 1934
- Hickory Tree RoadSupreme Court of Pennsylvania · 1862
- Commonwealth v. DickinsonSuperior Court of Pennsylvania · 1914
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