Legal Opinion

Mills v. Commonwealth

Supreme Court of Pennsylvania

Decided May 15, 1850PublishedCited by 20 opinions

Error to the Court of Quarter Sessions of Paufhin county. Mills was tried on an indictment for. seduction at an adjourned court of Quarter Sessions for the county of Dauphin, held in October, 1849. The regular sessions for that county are held in the months of January, April, August and November of each year.

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Error to the Court of Quarter Sessions of Paufhin county. Mills was tried on an indictment for. seduction at an adjourned court of Quarter Sessions for the county of Dauphin, held in October, 1849. The regular sessions for that county are held in the months of January, April, August and November of each year. A true bill was found against Mills at the August Sessions, 1849. The case was continued till the adjourned Court to be held in October — a venire was awarded to the Sheriff and Commissioners for the drawing and summoning of thirty-six jurors, &c. Oct. 15, 1849, defendant being arraigned…

1Opinion of the Court

The opinion of the court was delivered by

Coulter, J,

Want of jurisdiction in the tribunal below is assigned for error. The acts of 16th April, 1845, and 14th Octoher, 1834, fix the times for holding the'Court of Quarter Sessions of Dauphin county in January, April, August and November.— The prisoner was tried at an adjourned Court of Quarter Sessions for the same county held in October. The question to be resolved is whether the Court of Quarter Sessions, at an adjourned session, have any lawful authority to try issues .by jury, or summon and empannel a jury for that purpose. • '

In England the…

2Cited by20 opinions

  1. Commonwealth v. ThomasSupreme Court of Pennsylvania · 1963
  2. Commonwealth v. DownerSuperior Court of Pennsylvania · 1947
  3. Commonwealth v. HallSupreme Court of Pennsylvania · 1927
  4. Commonwealth v. SierakowskiSuperior Court of Pennsylvania · 1943
  5. Com. of Pa. v. RouschSuperior Court of Pennsylvania · 1934

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