Legal Opinion

Commonwealth ex rel. Torrey v. Ketner

Supreme Court of Pennsylvania

Decided January 19, 1880PublishedCited by 26 opinions

In the Supreme Court, Eastern District, of January Term 1880, No. 104. This was a writ of habeas corpus specially allowed by one of the justices of the Supreme Court.

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In the Supreme Court, Eastern District, of January Term 1880, No. 104. This was a writ of habeas corpus specially allowed by one of the justices of the Supreme Court. The facts were these: William Torrey petitioned the Supreme Court, setting forth that he was unjustly confined in the jail of the county of Schuylkill, to await trial upon a bill of indictment charging him, as the cashier of the First National Bank of Ashland, a bank organized, incorporated and established under the laws of the United States, with embezzling the moneys of said bank, and suggesting that the court in w'hich said…

1Opinion of the CourtJustice Paxson

_ It appears by the return to this writ, that the relator is held to answer an indictment in the Court of Quarter Sessions of Schuylkill county, charging him, as cashier of the First National Bank of Ashland, with having embezzled the funds and property of said bank. There are three counts in the indictment, each varying the form of the charge, but not essentially changing its substance.

It is almost needless to say, that a habeas corpus is not a writ of error. Hence, if the court below had jurisdiction of the offence, we cannot correct its rulings in this proceeding, however errone*376ous they…

2Cited by26 opinions

  1. Halderman's PetitionSupreme Court of Pennsylvania · 1923
  2. Commonwealth Ex Rel. Elliott v. BaldiSupreme Court of Pennsylvania · 1953
  3. Com. ex rel. Wilhelm v. MorganSupreme Court of Pennsylvania · 1924
  4. Commonwealth ex rel. Fletcher v. CavellSupreme Court of Pennsylvania · 1959
  5. Landreth v. GladdenOregon Supreme Court · 1958

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