Legal Opinion

Clellans v. Commonwealth

Supreme Court of Pennsylvania

Decided June 5, 1848PublishedCited by 9 opinions

In error from the Quarter Sessions of Cumberland county. May 31. This was an indictment against John Clellans and thirty-six others for a riot, accompanied with the aggravation of riotously rescuing from their owners certain fugitive slaves from the state of Maryland, who had been arrested in Cumberland county, in this state, and who were at the time of the rescue in the lawful custody and under the control of their owners, in the county aforesaid, to whom their service was…

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In error from the Quarter Sessions of Cumberland county. May 31. This was an indictment against John Clellans and thirty-six others for a riot, accompanied with the aggravation of riotously rescuing from their owners certain fugitive slaves from the state of Maryland, who had been arrested in Cumberland county, in this state, and who were at the time of the rescue in the lawful custody and under the control of their owners, in the county aforesaid, to whom their service was due, under the laws of the state of Maryland. The indictment contained two counts. The first count was for a riot, in…

1Opinion of the CourtBurnside, J.

The plaintiffs in error were indicted and convicted of a riot. The first count in the indictment is in the usual form. In the second, the riot was laid in rescuing certain fugitives from labour, from the state of Maryland, from their masters.* There is no doubt but it was an aggravated ease of riot. On being found guilty, they were sentenced to pay a fine of one dollar each, and undergo imprisonment for three years in the Eastern Penitentiary, by separate and solitary confinement at labour.. The error assigned is, in sending the prisoners to the Eastern Penitentiary. Whether the laws of…

2Cases cited1 opinion

  1. Schrader v. Kentucky-Tennessee Light & Power Co.Tennessee Supreme Court · 1928

3Cited by9 opinions

  1. Commonwealth ex rel. Stanton v. FranciesSupreme Court of Pennsylvania · 1915
  2. Commonwealth v. FettermanSuperior Court of Pennsylvania · 1904
  3. Commonwealth Ex Rel. Case v. Smith, WardenSuperior Court of Pennsylvania · 1938
  4. Commonwealth Ex Rel. Thor v. Ashe, WardenSuperior Court of Pennsylvania · 1939
  5. Commonwealth Ex Rel. Dennis v. AsheSuperior Court of Pennsylvania · 1947

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