Coyle v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer and General Jail Delivery of Adams county : Of May Term 1884, No. 1. Certified from the Middle District to the Western District of this court. Indictment of John Coyle, Jr., for murder in the first degree of Emily Myers. The indictment was found, and the case was originally tried in the Oyer and Terminer of York county, when there was a verdict of guilty, as indicted, and sentence was pronounced.
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Error to the Court of Oyer and Terminer and General Jail Delivery of Adams county : Of May Term 1884, No. 1. Certified from the Middle District to the Western District of this court. Indictment of John Coyle, Jr., for murder in the first degree of Emily Myers. The indictment was found, and the case was originally tried in the Oyer and Terminer of York county, when there was a verdict of guilty, as indicted, and sentence was pronounced. Upon a writ of error to this court the judgment was reversed and a venire facias de novo awarded (reported 4 Out. 573). After the return of the record, the…
1Opinion of the CourtJustice Clark
The question sought to be raised by the prisoner’s special plea to the jurisdiction, is not properly before us. The rightful authority of a judge, in the full exercise of his public judicial functions, cannot be questioned by any merely private suitor; nor by any other, excepting in the form especially provided by law. A judge de facto assumes the exercise of a part of the prerogative of sovereignty, and the legality of that assumption is open to the attack of the sovereign power alone. If the question may be raised by one private suitor it may be raised by all, and the administration of…
2Cited by35 opinions
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