Wakely v. Hart
Supreme Court of Pennsylvania
r I NHIS was an action of trespass, assault and battery, and, false imprisonment, tried before Teates J. at a Nisi Prius in January last. The suit was against John Hart, George Peters, John Fries junior, and Jacob Wenn. Hart and Peters pleaded not guilty with leave to justify, and on this issue went to trial. The other two defendants did not plead at all, nor was judgment taken against them by default.
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r I NHIS was an action of trespass, assault and battery, and, false imprisonment, tried before Teates J. at a Nisi Prius in January last. The suit was against John Hart, George Peters, John Fries junior, and Jacob Wenn. Hart and Peters pleaded not guilty with leave to justify, and on this issue went to trial. The other two defendants did not plead at all, nor was judgment taken against them by default. It appeared in evidence, that the plaintiff had been arrested by Hart the high constable of the city, assisted by the others, upon information that he had stolen a watch; and he was taken to…
1Opinion of the Court
Tjxghman C. J.
The first question is as to the admission of the record.
The defendants contend, that having reason to think the plaintiff guilty of larceny, they arrested him as they had a right to do, at their peril, so that it was incumbent on them to prove him guilty of larceny, in order to make good their defence. They do not say that the bare finding of a bill is proof of guilt, but that the bill connected with the circumstance of withdrawing from trial, was evidence proper to be laid before the jury. If proving the plaintiff guilty of larceny will justify the arrest made by the…
2Cases cited1 opinion
- Stockham v. JonesNew York Supreme Court · 1813
3Cited by37 opinions
- United States v. WatsonSupreme Court of the United States · 1975
- Commonwealth v. EdmundsSupreme Court of Pennsylvania · 1991
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Stevenson v. StateCourt of Appeals of Maryland · 1980
- Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
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