Legal Opinion

Hamilton v. Commonwealth

Supreme Court of Pennsylvania

Decided September 15, 1831PublishedCited by 4 opinions

Writ of error to the Court of Quarter Sessions of Westmoreland county. was indicted for taking and. carrying away a negro from the county of Westmoreland to the state of Virginia, with the design of selling him for a slave. The indictment contained four counts; upon the first three the defendant was acquitted, and convicted upon the last.

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Writ of error to the Court of Quarter Sessions of Westmoreland county. was indicted for taking and. carrying away a negro from the county of Westmoreland to the state of Virginia, with the design of selling him for a slave. The indictment contained four counts; upon the first three the defendant was acquitted, and convicted upon the last. Several errors were assigned and argued, but as the first, which is fully stated in the opinion of his Honor, who delivered that of the court, was fatal to the judgment, there was none other decided by this court. The words “force or violence ” which are…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

The plaintiff in error was tried on an indictment in the Court of General Quarter Sessions of the peace for Westmoreland county, at August sessions, 1829, and found guilty on *143the fourth count of the indictment, and acquitted on the others. The court sentenced him “to pay a fine of-five hundred dollars to the commonwealth, to be confined in the penitentiary for the term of seven years, to be kept to hard labor and fed and clothed in the manner directed by the penal laws of the commonwealth, &c.”

The fourth count in the indictment charges “that…

2Cited by4 opinions

  1. Commonwealth v. LeeSupreme Court of Pennsylvania · 1973
  2. Commonwealth v. JADE EASTSuperior Court of Pennsylvania · 1975
  3. Commonwealth v. JADE EASTSuperior Court of Pennsylvania · 1975
  4. Commonwealth v. LeeSupreme Court of Pennsylvania · 1973

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