Conner v. Commonwealth
Supreme Court of Pennsylvania
IN ERROR. THE plaintiff in error was indicted at an Oyer and Terminer for Northumberland in April last, of the offence charged in the following bill: A warrant of arrest, issued upon common rumor and report of the party’s guilt, though it recite that there was danger of his escaping before witnesses could be summoned to e.nable the judge to issue it upon oath, is illegal, and the constable to whom it is directed is not bound to execute it.
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IN ERROR. THE plaintiff in error was indicted at an Oyer and Terminer for Northumberland in April last, of the offence charged in the following bill: A warrant of arrest, issued upon common rumor and report of the party’s guilt, though it recite that there was danger of his escaping before witnesses could be summoned to e.nable the judge to issue it upon oath, is illegal, and the constable to whom it is directed is not bound to execute it. “ The grand inquest of the commonwealth of Pennsylva- “ nia, and for the body of the county of Northumberland, on “ their oaths and affirmations…
1Opinion of the Court
Tilghmau C. J.
The plaintiff in error was indicted in the court of Oyer and Terminer of Northumberland county, for refusing to execute a warrant issued by Thomas Cooper, esq. president of the court of Common Pleas of the said county, for the arrest of a certain yacob Langs, of the said county. The warrant was set forth at large in the indictment, and it appeared on the face of it, that it was issued without any previous oath or affirmation, on the following ground — “ that “ it appeared to the judge from common report, that there “ was strong reason to suspect the said Langs of having “…
2Cited by7 opinions
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- Commonwealth v. WhitakerSupreme Court of Pennsylvania · 1975
- State v. GleasonSupreme Court of Kansas · 1884
- Commonwealth v. SmithSupreme Court of Pennsylvania · 1898
- State v. WilksonMissouri Court of Appeals · 1889
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