Ex parte Walton
Supreme Court of Pennsylvania
, On a Habeas Corpus to the keeper of the jail of Montgomery county, it appeared that the prisoner, Elias Walton, was in confinement on a charge of a misdemeanor, in-administering poison to his wife. The commitment took place on the 6th of November, 1836. The first, term of the court after the commitment, was held on the 21st of thát month; but no proceedings wore had in regard to the prisoner.
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, On a Habeas Corpus to the keeper of the jail of Montgomery county, it appeared that the prisoner, Elias Walton, was in confinement on a charge of a misdemeanor, in-administering poison to his wife. The commitment took place on the 6th of November, 1836. The first, term of the court after the commitment, was held on the 21st of thát month; but no proceedings wore had in regard to the prisoner. At the next court, which took place on the 20th of February, 1837, an indictment was found against him. The defendant then challenged the array of grand-jurors, on the ground that the directions of'the…
1Per curiam
This case is weaker for the prisoner than the The Commonwealth v. The Sheriff of Allegheny, (16 Serg. & Rawle, 304,) in which an accessary who had refused to be tried before the principal was convicted, was denied the benefit of the habeas corpus act. Here the prisoner lay by during the first term, and claims to be discharged because he. was not tried at the second, during the pendency of preliminary objections newly raised by himself. That is certainly equivalent to a postponement with his consent. But there is' another fatal objection, which was not noticed there, because it was not thought…
2Cases cited1 opinion
- Commonwealth v. Sheriff & GaolerSupreme Court of Pennsylvania · 1827
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