Commonwealth v. Sheriff & Gaoler
Supreme Court of Pennsylvania
HABEAS COBEUS. Habeas corpus to produce the body of Martin Rennie. It appeared that the prisoner, Rennie, had been, since the 14th of April last, confined in jail, charged first by the coroner’s inquest, and afterwards by indictment found at the last April Term of the Court of Oyer and Terminer, with feloniously aiding, assisting, and abetting a certain Daniel Hicks to kill and murder a certain Levi Smith.
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HABEAS COBEUS. Habeas corpus to produce the body of Martin Rennie. It appeared that the prisoner, Rennie, had been, since the 14th of April last, confined in jail, charged first by the coroner’s inquest, and afterwards by indictment found at the last April Term of the Court of Oyer and Terminer, with feloniously aiding, assisting, and abetting a certain Daniel Hicks to kill and murder a certain Levi Smith. At the same term, Hicks the principal, was indicted for the same alleged murder; but he absconded, and had not been taken. Rennie, the prisoner, demanded a trial at the April Term. He also…
1Opinion of the CourtTod, J.
The prisoner’s counsel rely on the third section of the habeas corpus act (Purd. Dig. 342.) “ If any person shall be committed for treason or felony, and shall not be indicted, and tried some time in the next term, session of oyer and terminer, general gaol delivery, or other court where the offence is properly cognizable, after such commitment, it shall and may be lawful for the judges or justices thereof, and they are hereby required upon the last day of the term, sessions, or court, to set at liberty the said prisoner upon bail, unless it shall appear to them upon oath or affirmation, that…
2Cases cited1 opinion
- Respublica v. ArnoldSupreme Court of Pennsylvania · 1801
3Cited by1 opinion
- Ex parte WaltonSupreme Court of Pennsylvania · 1837