York County v. Dalhousen
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. This was an amicable action, entered between Mary Dalhousen and the County of York, in which the following case was stated for the opinion of the court:— David Ahl was indicted at the November Term of the Court of Quarter Sessions of the Peace of York county in the year 1858, for the offence of fornication and bastardy, committed on the body of Mary Dalhousen. He was tried, and convicted, or found guilty by jury.
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ERROR to the Common Pleas of York county. This was an amicable action, entered between Mary Dalhousen and the County of York, in which the following case was stated for the opinion of the court:— David Ahl was indicted at the November Term of the Court of Quarter Sessions of the Peace of York county in the year 1858, for the offence of fornication and bastardy, committed on the body of Mary Dalhousen. He was tried, and convicted, or found guilty by jury. On the 2d of January 1860, the court granted a new trial. August Sessions 1860, he was again tried on the same indictment, and was a second…
1Opinion of the Court
The opinion of the court was delivered,
by
THOMPSON, J.
The common and ordinary mode of expression to indicate the successful prosecution of a party charged with a crime, marks the distinction which is expressed by both the Acts of 1814 and 1860. We almost invariably use the phrase that he or she has been convicted and sentenced — both ingredients being necessary to accomplish the final result. They are distinct acts or processes towards a.result. The one is the act of the jury; the other of the court without the jury. They are expressed by appropriate and well-understood terms, and while it is…
2Cited by13 opinions
- Commonwealth v. MinnichSupreme Court of Pennsylvania · 1915
- Commonwealth v. McDermottSupreme Court of Pennsylvania · 1909
- Commonwealth Ex Rel. McClenachan v. ReadingSupreme Court of Pennsylvania · 1939
- Commonwealth v. PalarinoSuperior Court of Pennsylvania · 1951
- Commonwealth v. MillerSuperior Court of Pennsylvania · 1897
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