Commonwealth v. Hill

Citations

• 185 Pa. 385
• 39 A. 1055
• 1898 Pa. LEXIS 728

Syllabus

<p>Appeals — Supersedeas — Execution — Criminal law — ■Murder — Act of May 19, 1897.</p> <p>Although appeals in criminal eases, including capital cases, are allowed as of right, as in civil cases, upon tlie oath oí the prisoner that they are not for purposes of delay, yet they do not supersede execution issued, unless taken out within three weeks from sentence as provided by the Act of May 19, 1897, P. L. 67.</p> <p>A mandate of the governor authorizing and requiring the sheriff to execute a sentence of death, is an “ execution issued ” within the meaning of the act of May 19, 1897, and is not superseded by an appeal taken more than three weeks after the sentence.</p> <p>The origin of the custom of the governor issuing a mandate for execution in capital cases examined and considered. Form of mandate and return thereto.</p> <p>Professional duties and obligations of counsel in criminal cases commented on.</p> <p>Criminal law — Murder—Sentence—Execution.</p> <p>The time of execution in a capital case is no part of the judgment, but a mere executive or ministerial act in pursuance of it, and the judgment is therefore not affected by the prisoner’s escape, or other occurrence which merely prevents or delays execution. The judgment is not satisfied until the sentence is fully carried out.</p> <p>A prisoner was sentenced to death on July 31, 1897, and the governor issued a mandate fixing December 8, 1897, as the day of execution. On the morning of December 8, counsel for the prisoner entered an appeal in the office of the prothonotary of the Supreme Court, and the sheriff, being advised by counsel that the question of super-sedeas under the act of May 19, 1897, was at least doubtful, postponed the execution. Held, (1) that the appeal did not act as a supersedeas; (2) that the sheriff in failing to execute the warrant on the day named was technically liable as for an escape; (3) that it was the duty of the sheriff after the affirmance of the judgment by the Supreme Court, w