Legal Opinion

Commonwealth v. Frowenfield

Supreme Court of Pennsylvania

Decided July 1, 1861PublishedCited by 3 opinions

Certiorari to the Court of Quarter Sessions of Alleghany County. This was an indictment founded on a presentment of the Grand Jury against defendants for a conspiracy to defraud the commonwealth out of large sums of money in relation to contracts for clothing furnished for the army.

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Certiorari to the Court of Quarter Sessions of Alleghany County. This was an indictment founded on a presentment of the Grand Jury against defendants for a conspiracy to defraud the commonwealth out of large sums of money in relation to contracts for clothing furnished for the army. The defendants, after refusal of an application for a continuance, applied by petition, accompanied by affidavits and certificate of counsel, to Chief Justice Lowrie, of the Supreme Court, for the allowance of a certiorari, for the removal of said indictment and all proceedings under it into the Supreme Court,…

1Opinion of the Court

From this order of the court Justices Read and Thompson dissented, and Mr. Justice Read read the following dissenting opinion, in which Mr. Justice THOMPSON concurred :—

Dissenting opinion of

Read, J.

The Court of King’s Bench is the principal court of Criminal jurisdiction known to the laws of England, and, on the crown'side, takes cognizance of all criminal causes, and into this court also all indictments from all inferior courts may, in certain cases, be removed by a writ of certiorari, and the manner of trial in this court is either at bar (which rarely happens) or at Nisi Prius, according…

2Cases cited2 opinions

  1. Commonwealth v. M'GinnisSupreme Court of Pennsylvania · 1837
  2. Commonwealth v. SimpsonSupreme Court of Pennsylvania · 1854

3Cited by3 opinions

  1. Purcell v. BennettSupreme Court of New Jersey · 1902
  2. Commonwealth v. BalphSupreme Court of Pennsylvania · 1886
  3. Kenter Co. v. ErrathUnited States District Court · 1943

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