Moore v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Montgomery county. Commonwealth against William Moore. This was an action of debt on a recognizance entered into before a justice of the peace by the defendant and Michael Moore, for the appearance of Michael at the next court of Quarter Sessions of the Peace to be held for the county of Montgomery, to answer a charge of larceny.
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ERROR to the Common Pleas of Montgomery county. Commonwealth against William Moore. This was an action of debt on a recognizance entered into before a justice of the peace by the defendant and Michael Moore, for the appearance of Michael at the next court of Quarter Sessions of the Peace to be held for the county of Montgomery, to answer a charge of larceny. The recognizance had been returned' to the office of the clerk of the Quarter Sessions and filed, and an entry of its forfeiture appeared on the docket. The defendant offered to prove by the justice of the peace by whom the recognizance…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
A search into the law on the subject has satisfied me that a justice of the peace in this State has power to discharge from prison one committed by him for a bailable offence, whether felony or misdemeanor, taking recognizances for his appearance at court to answer. That this is the principle of the English law appears from Chitty and other books. He says if a party is not ready with bail at the time he is apprehended and the offence be bailable, he may at any time before conviction be released from imprisonment on finding sureties; and…
2Cited by2 opinions
- Commonwealth v. MillerSuperior Court of Pennsylvania · 1897
- Commonwealth v. LamarSuperior Court of Pennsylvania · 1906