Commonwealth v. Flanagan
Supreme Court of Pennsylvania
These considerations persuade us that we are incompetent to execute the power proposed; and the more so, as the matter touches the lives of the accused. Should they happen to be executed under a sentence of the court of Huntingdon county, it might give rise to a painful doubt in the mind of every one who had acted under the statute, of the legality of his interference. But there is no necessity to raise such a doubt.
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These considerations persuade us that we are incompetent to execute the power proposed; and the more so, as the matter touches the lives of the accused. Should they happen to be executed under a sentence of the court of Huntingdon county, it might give rise to a painful doubt in the mind of every one who had acted under the statute, of the legality of his interference. But there is no necessity to raise such a doubt. All that is required is to direct a Judge of the Supreme Court to hold a Court of Oyer and Terminer, to receive a certified copy of the record from the County Court, and, the…
1Opinion of the Court
An Act of the Legislature authorizing a Court of Oyer and Terminer to be held in a county by one of the Judges of the Supreme Court and two associate Judges of the county, is contrary to the provisions of the constitution.
By the Act of Assembly of the 4th April 1844, one of the Judges of the Supreme Court was authorized and required to hold at the court-house in the county of Cambria, in conjunction with one or more of the associate Judges of that county, a special Court of Oyer and Terminer, and to hear and determine a rule to show cause why the verdict of the jury and the sentence of the…
2Cited by8 opinions
- Chase v. MillerSupreme Court of Pennsylvania · 1862
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1868
- Morgan v. ReelSupreme Court of Pennsylvania · 1905
- Dilworth v. CommonwealthSupreme Court of Virginia · 1855
- Dilworth v. CommonwealthSupreme Court of Virginia · 1855
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