Hilands v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer, of Mercer County; October and November Term, 1885. No. 89. James W. Hilands was indicted for the murder of John Rich; a true bill was found by the grand jury.
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Error to the Court of Oyer and Terminer, of Mercer County; October and November Term, 1885. No. 89. James W. Hilands was indicted for the murder of John Rich; a true bill was found by the grand jury. The case was called for trial on the 12th day of March, 1885, and a jury was obtained and sworn on that day; after the empanelling of the jury, it being 10.20 o’clock P. M., the court adjourned until the next day; the prisoner was remanded to jail and the jury was allowed to separate by consent of the defendant and of the Commonwealth. The next day, on the assembling of the court, the presiding…
1Opinion of the CourtChief Justice Mercur
The main contention in this case arises under the first specification of error.
After a jury had been selected and sworn in the case, and had been discharged without the consent of the defendant, he objected to the selection of another jury, and plead former jeopardy. The court refused to sustain the plea.
Art. V. of the Amendments to the Constitution of the United States, inter alia, declares, “nor shall any person be subject, for the same offence, to be twice put in jeopardy of ■life or limb.”
Art. I. sec. 10, of the Declaration of Rights in the constitution of Pennsylvania, declares “no…
2Cases cited1 opinion
- Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
3Cited by26 opinions
- Commonwealth v. BakerSupreme Court of Pennsylvania · 1964
- Slansky v. StateCourt of Appeals of Maryland · 1949
- Commonwealth v. SimpsonSupreme Court of Pennsylvania · 1932
- State v. BrunnWashington Supreme Court · 1945
- Commonwealth v. WarfieldSupreme Court of Pennsylvania · 1967
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