Commonwealth ex rel. McGurk v. Superintendent
Supreme Court of Pennsylvania
Habeas corpus issued by the Supreme Court, on the petition of Theodore J. McGurk, commanding the superintendent of the Philadelphia county prison to produce the body of the relator, &c. The prisoner was indicted and tried in the Oyer and Terminer of Philadelphia county at the January Term 1880, and convicted of murder in the first degree. A rule for a new trial was made absolute by the court May 1st 1880, the last day of the April Term.
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Habeas corpus issued by the Supreme Court, on the petition of Theodore J. McGurk, commanding the superintendent of the Philadelphia county prison to produce the body of the relator, &c. The prisoner was indicted and tried in the Oyer and Terminer of Philadelphia county at the January Term 1880, and convicted of murder in the first degree. A rule for a new trial was made absolute by the court May 1st 1880, the last day of the April Term. Four monthly terms having elapsed at which courts of Oyer and Terminer had been held, viz., in May, June, September and October 1880, without the second trial…
1Opinion of the CourtJustice Mercur
This is an application of the relator to be discharged from im- . prisonrnent under the Habeas Corpus Act of 18th February 1785, re-enacted by sect. 54 of the Criminal Procedure Act of 1860.
If any person shall be committed for treason or felony or other indictable offence, it declares, inter alia, “if such prisoner shall not be indicted and tried the second term, sessions, or court after his or her commitment, unless the delay happen on the application, or with the assent of the defendant, or upon trial he shall be acquitted, he shall be discharged from imprisonment.” The relator was…
2Cases cited3 opinions
- Respublica v. ArnoldSupreme Court of Pennsylvania · 1801
- Commonwealth v. JailerSupreme Court of Pennsylvania · 1838
- Ex parte WaltonSupreme Court of Pennsylvania · 1837
3Cited by10 opinions
- Ex Parte Clyde MeadowsCourt of Criminal Appeals of Oklahoma · 1941
- State v. PattonSupreme Court of North Carolina · 1963
- Commonwealth v. ZecSupreme Court of Pennsylvania · 1918
- Commonwealth v. BrightwellSupreme Court of Pennsylvania · 1979
- Commonwealth v. MitchellSuperior Court of Pennsylvania · 1943
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