Legal Opinion

Respublica v. Donagan

Supreme Court of Pennsylvania

Decided March 15, 1799PublishedCited by 4 opinions

On a certiorari directed to the justices of Oyer and Terminer of Dauphin county, it was returned, that on the 17th June 1798, the prisoners had been tried as accessaries before theffact to the murder of Francis Shitz, and had been found not guilty by a jury of the country.

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On a certiorari directed to the justices of Oyer and Terminer of Dauphin county, it was returned, that on the 17th June 1798, the prisoners had been tried as accessaries before theffact to the murder of Francis Shitz, and had been found not guilty by a jury of the country. And that the court by separate rules, had ordered, that each of them should give security to keep the peace, and be of good behaviour to all the liege citizens of the United States, and iu particular to Peter Shitz, for the term of fourteen years, each in the sum of 10,000 dollars and two good sureties in 10,000 dollars…

1Opinion of the Court

Seri per ewr.

The court before whom the trial was had, under their general authority to preserve the peace, had a right to require such bail and for such a length of time, as they judged would best answer the ends of public justice. No doubt can be entertained of it. And it would be highly improper for us to interfere, in a matter wherein they have exercised their legal discretion. Unsafe would the community be, if such characters could prowl at large through the country, without a sufficient tie on them.

Motion denied.*

The prisoners afterwards broke gaol and escaped.

Surety for the good…

2Cited by4 opinions

  1. Commonwealth v. Eisenberg, M., ApltSupreme Court of Pennsylvania · 2014
  2. Commonwealth v. FosterSuperior Court of Pennsylvania · 1905
  3. United States v. MillsDistrict Court, E.D. Pennsylvania · 1937
  4. United States v. OgilvieCourt of Appeals for the Tenth Circuit · 2025

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