Legal Opinion

Dunn v. Commonwealth

Supreme Court of Pennsylvania

Decided September 23, 1847PublishedCited by 14 opinions

In error from the oyer and terminer of Allegheny county. Sept. 13. The record in this case showed a true bill for murder in the first degree found against Dunn. It then proceeded : “ And now, to wit, Nov. 11, 1844, the defendant being arraigned pleads non cul.” Issue was joined, and « a jury being called, there came,” &c.,.“ empannelled and sworn, Nov. 13, 1844, who,” &c., “ say that defendant is guilty,” &o.

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In error from the oyer and terminer of Allegheny county. Sept. 13. The record in this case showed a true bill for murder in the first degree found against Dunn. It then proceeded : “ And now, to wit, Nov. 11, 1844, the defendant being arraigned pleads non cul.” Issue was joined, and « a jury being called, there came,” &c.,.“ empannelled and sworn, Nov. 13, 1844, who,” &c., “ say that defendant is guilty,” &o. A motion for a new trial and in arrest of judgment having been overruled, the record proceeded: “And now, to wit, Nov. 26, 1844, the court'sentence George Dunn, the defendant, to be…

1Opinion of the CourtCoulter, J.

In criminal jurisprudence, forms of trial are conducive to the liberty and safety of the citizen. They were first established for that end, and have been resolutely asserted and maintained in England, by the distinguished ornaments of the legal profession, against the encroachments of the crown in times of political persecution; and even by the crown lawyers, in cases where the prerogatives, or interests, of royalty were not concerned. These forms were brought to this state by our fathers, with the inheritance of the common law; and it was doubtless with a view more especially to criminal…

2Cases cited2 opinions

  1. Son v. PeopleNew York Supreme Court · 1834
  2. Doebler v. CommonwealthSupreme Court of Pennsylvania · 1817

3Cited by14 opinions

  1. Commonwealth. v. HossSupreme Court of Pennsylvania · 1971
  2. Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1943
  3. Commonwealth v. RobinsonSupreme Court of Pennsylvania · 1934
  4. Commonwealth Ex Rel. Milewski v. AsheSupreme Court of Pennsylvania · 1949
  5. Commonwealth Ex Rel. Milewski v. AsheSupreme Court of Pennsylvania · 1950

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