Legal Opinion

Commonwealth v. Green

Supreme Court of Pennsylvania

Decided May 2, 1898No. miscellaneous docket No. 1, No. 304PublishedCited by 22 opinions

Petition for habeas corpus and certiorari, miscellaneous docket No. 1, No. 304. Petition for habeas corpus and certiorari. From the record it appeared that the defendant was arrested upon information made by one George W. Painter.

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Petition for habeas corpus and certiorari, miscellaneous docket No. 1, No. 304. Petition for habeas corpus and certiorari. From the record it appeared that the defendant was arrested upon information made by one George W. Painter. The information was as follows : “ George W. Painter being duly sworn according to law says that to the best of his knowledge, information and belief, at the city of Philadelphia, state of Pennsylvania, within two years last past, Nelson G. Green did wickedly, corruptly and unlawfully conspire with divers persons to this affiant unknown to secure the passage by…

1Opinion of the Court

Opinion by

Mb. Chibe Justice Stereett,

Without referring in detail to the averments contained in the defendant’s petition for certiorari, etc., it is sufficient to say that the sole object of the writ is to bring up the record in the proceedings before the two judges therein referred to, sitting as justices of the peace, etc., as ancillary to the habeas corpus for which a petition was presented by the defendant as relator at the same time.

The propriety of this practice in proper cases cannot be doubted. It has been recognized and approved in several cases among which are Com. ex rel. John W.…

2Cases cited2 opinions

  1. Commonwealth v. BellSupreme Court of Pennsylvania · 1891
  2. Commonwealth v. PerkinsSupreme Court of Pennsylvania · 1889

3Cited by22 opinions

  1. Matter of FordCalifornia Supreme Court · 1911
  2. Commonwealth v. SchwartzSuperior Court of Pennsylvania · 1923
  3. Commonwealth of Pa. v. ScanlonSuperior Court of Pennsylvania · 1924
  4. Ex Parte SchmitzCalifornia Supreme Court · 1907
  5. Commonwealth v. GriffinSuperior Court of Pennsylvania · 1962

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