Respublica v. Mesca Et
Supreme Court of the United States
This was an indictment against four Italians for the murder of Captain Pickles; and, upon the arraignment of the prisoners, the court assigned Tngersoll and Swift as counsel for them. These gentlemen then challenged the array, and moved for an award of a tales de medietate Ungues; but the Attorney-General controverted the propriety of the motion, and it was twice argued, on the 25th and 29th of September.
1Opinion of the Court
The Chief Justice delivered the opinion of the court as follows :—
McKean, C. J.
The point before the court has been well argued ; and on a full consideration of the subject, we now find little difficulty in pronouncing our decision. The first legislature under the commonwealth, has clearly fixed the rule, respecting the extension of British statutes, by enacting that “ such of the statutes as have been in force in the late province of Pennsylvania, should remain in force, till altered by the legislature ; ” and it appears in evidence, that the 28 Edw. III, c. 13, has been in force in the late…
2Cited by4 opinions
- United States v. WoodSupreme Court of the United States · 1936
- Carter v. United StatesCourt Of Appeals Of Indian Territory · 1896
- Witherow v. KellerSupreme Court of Pennsylvania · 1824
- Richards v. CommonwealthGeneral Court of Virginia · 1841