Legal Opinion

Esparte Schultz

Supreme Court of Pennsylvania

Decided February 16, 1841PublishedCited by 3 opinions

This case came before the court upon a habeas corpus to the ■ keeper of the jail of Montgomery county, to bring up the body of Michael Schultz. By the return it appeared that the prisoner had been committed by virtue of a warrant of a justice of the peace of the county of Montgomery; of which the following is a copy. “ Montgomery county, ss.

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This case came before the court upon a habeas corpus to the ■ keeper of the jail of Montgomery county, to bring up the body of Michael Schultz. By the return it appeared that the prisoner had been committed by virtue of a warrant of a justice of the peace of the county of Montgomery; of which the following is a copy. “ Montgomery county, ss. The commonwealth of Pennsylvania to the constable of Upper Providence, in the county of Montgomery, and to all other . constables and good people of said county, greeting. Whereas Francis Hobson, Daniel Schuerick, Abraham Breighler, Solomon Missimer,…

1Opinion of the Court

*272The opinion of the court was delivered by

Gibson, C. J.

The prevalent notion that a justice of the peace has concurrent power to inquire into the circumstances of a sudden or violent death, upon view of the body, has doubtless arisen from inadvertence to the source of the coroner’s authority. In England, and perhaps in Pennsylvania, justices of the peace have authority, in certain cases, to take inquisitions by the examination of witnesses; but the 4 Ed. 1, St. 2, which is in force with us, commands the coroner alone to go to the place where any one is slain or has suddenly died; and, by…

2Cited by3 opinions

  1. State v. . KnightSupreme Court of North Carolina · 1881
  2. State v. MaloneTennessee Supreme Court · 1856
  3. State v. MaloneTennessee Supreme Court · 1856

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