Commonwealth v. Borden
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county: No. 16, to July Term 1868. The proceedings removed in this case were commenced July 17th 1867 before Joseph Eish, Esq., a justice of the peace of Tioga county, at the suit of the Commonwealth on the complaint of G-. W. Hathaway, under the 6th, 7th arid 9th sections of the Act of April 9th 1760, 1 Sm.
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Error to the Court of Common Pleas of Tioga county: No. 16, to July Term 1868. The proceedings removed in this case were commenced July 17th 1867 before Joseph Eish, Esq., a justice of the peace of Tioga county, at the suit of the Commonwealth on the complaint of G-. W. Hathaway, under the 6th, 7th arid 9th sections of the Act of April 9th 1760, 1 Sm. Laws 229, -Purd. 534, pi. 3, 4, 5. The 6th section enacts, that any person, hunting, &c., on enclosed land, &c., and being convicted “either upon view of any justice of the peace or by the oath, &c., of any one or more witnesses before any…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Agnew, J.
The power of justices of the peace in summary convictions is viewed with some strictness by English writers, as being in derogation of the trial by jury: 1 Burns’s Justice 343, title Conviction; 4 Black. Com., 280 — 282. Therefore, says Richard Burn, it must appear that he hath strictly pursued that power, otherwise the common law will break in upon and level all his proceedings. In this state recent cases exhibited less jealousy of it, though an entire relaxation of form is not justified: Commonwealth v. Burkhart, 11 Harris…
2Cases cited1 opinion
- Commissioners v. CananSupreme Court of Pennsylvania · 1833
3Cited by45 opinions
- Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
- Commonwealth v. GelbertSupreme Court of Pennsylvania · 1895
- Commonwealth v. MollerSuperior Court of Pennsylvania · 1912
- Ferree v. DouglasSuperior Court of Pennsylvania · 1941
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
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