Canada v. Commonwealth

The Chief Justice

delivered the Opinion of the Court.

In England, a person prosecuted by information or indictment, for a fine for a misdemeanor, might be convicted without his personal appearance. Toptcliff vs Waller, Dyer 346, b. 1 Chitty’s Crim. law, 411-12, marg. pa.

This doctrine is not changed here by the second section of the act of 1805, (1 Stat. Law, 534,) which requires a capias to be issued, unless the accused shall appear in obedience to a venire facias, whereby he had been warned to appear. That requisition was only intended to afford to the Commonwealth, security for satisfaction…