Keller v. Commonwealth
Supreme Court of Pennsylvania
Error, No. 18, March T., 1852, to C. P. Monroe Co., to review a judgment on a verdict for plaintiff in an action of debt, by the Commonwealth, to the use of Mary Ann Fetherman, against David Keller, impleaded with George Rafferty. Before Black, C. J., Lewis, Lowrie and Woodward, JJ. Gibson, J., absent at Nisi Prius. April 29, 1850, a narr was filed which recited the bond and condition, and, for breach, negatived the condition in its words.
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Error, No. 18, March T., 1852, to C. P. Monroe Co., to review a judgment on a verdict for plaintiff in an action of debt, by the Commonwealth, to the use of Mary Ann Fetherman, against David Keller, impleaded with George Rafferty. Before Black, C. J., Lewis, Lowrie and Woodward, JJ. Gibson, J., absent at Nisi Prius. April 29, 1850, a narr was filed which recited the bond and condition, and, for breach, negatived the condition in its words. This narr was not printed in the paper-book of plaintiff in error. May 6, 1851, an amended narr was filed with two counts. The first count was as follows :…
1Opinion of the Court
Woodward, J.,
A sheriff has no more right to bail a prisoner arrested for the offence of fornication than he has to bail for any other misdemeanor. It is apparent from the record that the bond now in suit was taken by the sheriff for ease and favor, and therefore void at common law. It is not helped by the statute of 23rd Henry 6, c. 9 (if, indeed, that statute be not superseded in Pennsylvania by our Act of Assembly abolishing imprisonment for debt), because it mentions only actions personal and indictments for trespass as bailable by a sheriff, not crimes and misdemeanors. These are bailable…
2Cited by1 opinion
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