Legal Opinion

Commonwealth v. Evans

Supreme Court of Pennsylvania

Decided January 2, 1826PublishedCited by 1 opinion

An indictment was found against the defendant, Britton Evans, in the court of Quarter Sessions of Philadelphia county, and being removed to this court by certiorari, was tried before Duncan, J., at nisiprius, in April, 1825, and a verdict of guilty returned by the jury.

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An indictment was found against the defendant, Britton Evans, in the court of Quarter Sessions of Philadelphia county, and being removed to this court by certiorari, was tried before Duncan, J., at nisiprius, in April, 1825, and a verdict of guilty returned by the jury. The indictment charged, that Britton Evans, late of the county aforesaid, justice of the peace, on the 5th of April, in the year of our Lord, 1824, at the county aforesaid, and within the jurisdiction of this court, and then and there being in the exercise of his office of a justice of the peace in and for the said county, did…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

This is an indictment tried before me at nisi prius, against a justice of the peace, “for unlawfully, corruptly, and ex-torsively, demanding, exacting, and receiving from one James MlCcy, brought before him on a charge of being engaged in a riot, the Shm of two dollars and eight cents, under colour and pretence that the said sum of money was payable to him as fees; but well knowing that no such sum of money was by right or by law demándame, whereby the said Britton Evans committed a misdemeanor in office, to the great damage of the said James…

2Cases cited4 opinions

  1. Flick v. BoucherSupreme Court of Pennsylvania · 1827
  2. Brown v. CommonwealthSupreme Court of Pennsylvania · 1817
  3. Reed v. CistSupreme Court of Pennsylvania · 1821
  4. Updegraff v. CommonwealthSupreme Court of Pennsylvania · 1820

3Cited by1 opinion

  1. Garman v. GambleSupreme Court of Pennsylvania · 1840

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