Commonwealth v. Keeper of County Prison

Citations

• 26 Pa. Super. 191
• 1904 Pa. Super. LEXIS 290

Syllabus

<p>Habeas corpus — Witnesses to petition — Defective petition — Amendment— Act of February 18, 1785, 2 Sm. L. 275.</p> <p>A defect in a petition for habeas corpus in that it was not attested and subscribed by two witnesses who were present at the delivery of the same, as provided by section 1 of the Act of February 18, 1785, 2 Sm. L. 275, may be cured by amendment.</p> <p>Habeas corpus — Jurisdiction of Superior Court — Delay of trial.</p> <p>The legislature in conferring power and authority upon the Superior Court “when and as often as there may be occasion to issue writs of habeas corpus returnable to the same court,” did not contemplate the exercise of the jurisdiction in such manner as to hinder or delay the trial of pending indictments.</p>