State v. Frink

Decided April 15, 1791

Pennsylvania Court of Common Pleas · decided 1791-04-15

IN this case, the prisoner, Frink, was convicted of manslaughter : but on account of some favourable circumstances which appeared on the trial, the jury thought propet to recommend him to mercy. On the last day of the sessions, he was brought up to receive sentence of burning in the hand, which had been usually inflicted instanter in open court.

Decided 1791-04-15

Bay, J.

¶1who presided, sentenced him to be burnt in the hand on the first day of the ensuing November sessions.The case being a new and singular one, he thought proper to consult

Waties, J.

¶2who was then in Georgetown, on the occasion, and who readily concurred with him, that there was no other way left for the court to give the prisoner an opportunity of availing himself of the benefit of the recommendation of the jury, but by thus postponing the execution of the sentence till the following court. Mr. Justice-Waties also mentioned, that there had been a similar postponement, in a case of the same kind, on the southern cn> cuit, but he did not then recollect the prisoner’s name.

¶3Prisoner was admitted to bail for his appearance on thfy first clay of the ensuing November sessions.