Clark v. Commonwealth

Citations

• 123 Pa. 555
• 16 A. 795
• 1889 Pa. LEXIS 682

Syllabus

<p>1. A writ of habeas corpus for the discharge of a prisoner under arrest for inurdcr, if awarded within fifteen days of the term of the court wherein the crime charged is cognizable, should be made returnable before the judges of the court of Oyer and Terminer: § 6, act of February 18, 1785, 2 Sm. L. 275; Commonwealth v. The Sheriff, 7 W. & S. 108.</p> <p>2. The fact that an indictment for murder was found in the court of Oyer and Terminer, pending proceedings for the discharge of the prisoner before the Court of Common Pleas, is not ground either for quashing the indictment or for an arrest of judgment after conviction.</p> <p>3. Nor is the fact that the information upon which the accused was arrested was made by the sheriff of the county, who by virtue of his office was the keeper of the key of the jury wheel and assisted in the drawing of the jurors for the term, ground either for quashing the array of petit jurors, or for quashing the indictment found, or for an arrest of judgment after conviction.</p> <p>4. Such an information made by the sheriff of a county upon information and belief, is not a disqualification of the officer making it, and, in the absence of proof of irregularity, favor or prejudice, will not interfere with the discharge of duties by him which ai-e merely ministerial.</p> <p>5. It is the right and often the duty of the presiding judge himself to question a juror upon an opinion formed, its source and character; and it is not error to ask directly whether the opinion is fixed, or merely a floating opinion or impression wliich would not influence the juror in making up a verdict.</p> <p>6. An isolated answer of a juror that he has a fixed opinion, is not decisive of the question under investigation; to disqualify, the character of the opinion must be determined upon the whole evidence affecting it, to be deduced from his answers taken together.</p> <p>7. The order of testimony being within the discretion, of the court below, it is not error t