Baldwin v. Commonwealth
Supreme Court of Pennsylvania
Error to the Quarter Sessions of- Luzerne county. The plaintiff in error, Jared It. Baldwin, was arrested on the 15th May, 1852, upon an information by one Carle, for adultery. At August Sessions the indictment was found by the grand- jury, .and continued until August Sessions, when the indictment was quashed.
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Error to the Quarter Sessions of- Luzerne county. The plaintiff in error, Jared It. Baldwin, was arrested on the 15th May, 1852, upon an information by one Carle, for adultery. At August Sessions the indictment was found by the grand- jury, .and continued until August Sessions, when the indictment was quashed. At November Sessions, 1853, another indictment was found, which was tried, and the defendant found guilty at the August Sessions, 1854. A motion was made by the defendant in arrest of judgment, which was sustained. At January Sessions, 1855, a third bill was found. At April Sessions…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
In prosecutions for offences under the degree of felony, the Act of 8th December, 1804, gives the petit jury power, “in all cases of acquittal,” “to determine whether the county, the prosecutor, or the defendant shall pay the costs of prosecution.” This was a prose.cution for adultery, and the jury acquitted the defendant, but directed him to pay the costs of prosecution. It therefore comes clearly within the letter of the statute. But it is thought by the plaintiff in error that the case is taken out of its intent by his plea of the…
2Cited by12 opinions
- Giaccio v. PennsylvaniaSupreme Court of the United States · 1965
- Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
- Commonwealth v. GiaccioSupreme Court of Pennsylvania · 1964
- Commonwealth v. CohenSuperior Court of Pennsylvania · 1931
- Commonwealth v. GiaccioSuperior Court of Pennsylvania · 1963
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