Commissioners v. Hall
Supreme Court of Pennsylvania
ERROR to the common pleas of Lycoming county. Joseph Hall against the Commissioners of Lycoming county. Action on the case in assumpsit. After the jury were empanelled in the case of the Commonwealth against Earls on an indictment for murder, the court ordered that they be kept together and provided with boarding and lodging at the public house of Joseph Hall, the plaintiff. The jury and constables who attended them were so kept.
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ERROR to the common pleas of Lycoming county. Joseph Hall against the Commissioners of Lycoming county. Action on the case in assumpsit. After the jury were empanelled in the case of the Commonwealth against Earls on an indictment for murder, the court ordered that they be kept together and provided with boarding and lodging at the public house of Joseph Hall, the plaintiff. The jury and constables who attended them were so kept. The commissioners of the county refused to pay the expense, and this action was brought to recover it. The court below (Lewis, President) instructed the jury that…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is essential to the purity of trials for capital of-fences, that the jury be set apart and subjected to the court’s control in respect of intercourse and subsistence; and the appointment of it by the law seems to indicate the hand that is to pay for it. The expense consequent on it must be paid by some one; and by whom, if not by the county 1 Certainly not by the jury out of their pay; for the same expense was incurred when jurors were allowed no pay; and if not bound to defray it then, they are not bound to defray it now. Compelled to…
2Cited by27 opinions
- COM. Ex Rel. CARROLL v. TATESupreme Court of Pennsylvania · 1971
- Commonwealth ex rel. Carroll v. TateSupreme Court of Pennsylvania · 1971
- O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972
- In Re the Salary of the Juvenile DirectorWashington Supreme Court · 1976
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
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