Eaton v. Commonwealth
Supreme Court of Pennsylvania
IN ERROR. __ THE plaintiff in error was convicted of murder of the first degree, at a Court of Oyer and Terminer for York county in April 1813. J 1 On the 8th of January 1813, a precept by the iudges of ^ ** * f ^ the Common Pleas was directed to the sheriff and county commissioners, reciting the intention to hold an Oyer Terminer on the 5th of April following, and commanding , r . ,, ... ° them or any two ox them, “ to meet on a certain day, “ at least thirty days before…
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IN ERROR. __ THE plaintiff in error was convicted of murder of the first degree, at a Court of Oyer and Terminer for York county in April 1813. J 1 On the 8th of January 1813, a precept by the iudges of ^ ** * f ^ the Common Pleas was directed to the sheriff and county commissioners, reciting the intention to hold an Oyer Terminer on the 5th of April following, and commanding , r . ,, ... ° them or any two ox them, “ to meet on a certain day, “ at least thirty days before the first Monday in April, “ the commissioners’ office, and draw from the respective “ wheels prepared for that purpose,…
1Opinion of the Court
Tilghman C. J.
The plaintiff in error was indicted in York county for the murder of Margaret Herman, and convicted and sentenced for murder of the first degree, at a Court of Oyer and Terminer and general gaol -delivery. Her counsel have assigned several errors, but my opinion shall be confined to one. By the act of 4th April 1807, it is enacted, that whenever any process shall be issued for summoning a jury, the sheriff shall immediately on receiving the same, give notice to the county commissioners, who or any two of whom shall with the sheriff proceed to draw out of the proper wheels, the…
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