Commonwealth v. Jailer
Supreme Court of Pennsylvania
HABEAS CORPUS for the body of William Phillips, committed for horse stealing. The prisoner was indicted at May sessions 1838, but had obtained a continuance for the absence of witnesses. He had been brought up again for trial at the June sessions, but was found to be labouring under small pox.
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HABEAS CORPUS for the body of William Phillips, committed for horse stealing. The prisoner was indicted at May sessions 1838, but had obtained a continuance for the absence of witnesses. He had been brought up again for trial at the June sessions, but was found to be labouring under small pox. Though convalescent, his aspect was so loathsome as to spread a general panic; and on the testimony of the physician of the prison that he might still communicate infection, he Was remanded, though insisting on being tried. And now,
1Per curiam
There is no doubt that necessity, either moral or physical, may raise an available exception to the letter of the habeas corpus act. A court is not bound to peril life in an attempt to perform what was not intended to be required of it. The legislature intended to prevent wilful and oppressive delay; and it is sufficient that there is no colour for an imputation of it.
Prisoner remanded.
2Cited by12 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Election CasesSupreme Court of Pennsylvania · 1870
- Socialist Labor CaseSupreme Court of Pennsylvania · 1938
- Shenker v. Harr, TreasurerSupreme Court of Pennsylvania · 1938
- Commonwealth v. ZecSupreme Court of Pennsylvania · 1918
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