Commonwealth v. Lane
Superior Court of Pennsylvania
Appeal, No. 51, March T., 1905, by Cumberland County, from order of Q. S. Cumberland Co., Sept. T., 1904, No. 52, discharging rule to revoke an order adjudging a reward. Rule to set aside an order adjudging a reward to H. J. Bently, constable, for the arrest of a horse thief. The court discharged the rule. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Beater, J.,
The duty of a constable in relation to the execution of criminal process is clearly defined in Smith v. Whildin, 10 Pa. 39. That, it is true, was an offer or promise of reward by a private individual for the arrest of a criminal which was held to be *150without consideration as being against public policy; but the grounds upon which the decision rests are equally strong in the case of the reward provided for under the act of March 15, 1821, 7 Sm. L. 388, for the apprehension of “ any person who shall have stolen any mare, horse or gelding within any county of this…
2Cases cited1 opinion
- Smith v. WhildinSupreme Court of Pennsylvania · 1848