Peiffer v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer in and for the county of Schuylkill. Martin Peiffer was indicted for the murder of his wife, at the March term of the Court of Oyer and Terminer of Schuylkill county, for the year 1851. On the 13th of March, 1851, the grand jury found a true bill.
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Error to the Court of Oyer and Terminer in and for the county of Schuylkill. Martin Peiffer was indicted for the murder of his wife, at the March term of the Court of Oyer and Terminer of Schuylkill county, for the year 1851. On the 13th of March, 1851, the grand jury found a true bill. The defendant was arraigned on the 15th of March, and same day pleaded not guilty; same day a jury was sworn, and after the jury was sworn, in consequence of a press of business in the Quarter Sessions, the court below proposed that the counsel for the Commonwealth and the defendant should agree that the jury…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Even the forms and usages of the law conduce to justice; but the common law, which forbids the separation of a jury in a capita] case before they have been discharged of the prisoner, touches not matter of form, but matter of substance. It is not too much to say that if it were abolished, few influential culprits would be convicted, and that few friendless ones, pursued by powerful prosecutors, would escape conviction. Jurors are as open to prejudice from persuasion as other men, and neither convenience nor economy ought to be consulted,…
2Cited by18 opinions
- Commonwealth v. GockleySupreme Court of Pennsylvania · 1963
- Commonwealth v. MartinSupreme Court of Pennsylvania · 1954
- Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Commonwealth v. FitzpatrickSupreme Court of Pennsylvania · 1888
- Commonwealth v. RonelloSupreme Court of Pennsylvania · 1916
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