Lynch v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Butler county : Of October and November Term 1878, No. 263. William Lynch was indicted and tried for larceny. While the jury were out to determine upon their verdict, the defendant, who was on bail, left the court-room. The jury returned a verdict of guilty, and the defendant having been called and failing to appear, the verdict was received and recorded.
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Error to the Court of Quarter Sessions of Butler county : Of October and November Term 1878, No. 263. William Lynch was indicted and tried for larceny. While the jury were out to determine upon their verdict, the defendant, who was on bail, left the court-room. The jury returned a verdict of guilty, and the defendant having been called and failing to appear, the verdict was received and recorded. The defendant’s counsel then made a motion in arrest of judgment on the ground that “ the record in this case shows the fact that at the time the jury came into court to return their verdict, and at…
1Opinion of the CourtChief Justice Agnew
The question in this case is, whether upon the trial of a defendant for larceny, it is error to take the verdict of the jury, when he is not present, though he is out on bail, is voluntarily absent, and is called when the jury are ready to deliver their verdict.
In the note at page 602 of the 7th volume of Bioren’s edition of the Laws, it is said that the Act of 31st May 1718, is the basis of our criminal law. In the note to the act itself the same remark is quoted from Mr. Bradford’s essay on the criminal law of this state (vol. 1, p. 105). Justice Coulter, adopts this statement in Dunn v.…
2Cited by25 opinions
- Halderman's PetitionSupreme Court of Pennsylvania · 1923
- Matter of DoneganNew York Court of Appeals · 1940
- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
- Commonwealth v. CraigSuperior Court of Pennsylvania · 1902
- State Ex Rel. Shetsky v. UtechtSupreme Court of Minnesota · 1949
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