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1 Yeates 370

Respublica v. Burns

Supreme Court of Pennsylvania

Decided April 15, 1794

Supreme Court of Pennsylvania · decided 1794-04-15

One John Montgomery, jun. attorney at law, of Carlisle, had been indicted in Mifflin county, for an assault and battery under very aggravated circumstances, and escaped into Maryland. The governor of this state had demanded him from the executive authority of Maryland, uiider the 4th article of the constitution of the United States, and he was sent up accordingly to Mifflin county.

Cited by 1 later decisions — most recently July 2018

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1794-04-15

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Per curiam.

¶1We cannot dispense with a public examination of the present charge, under the circumstances which appear before us. It is of the utmost consequence to society, thatothe proceedings of magistrates should appear pure i-n the eyes of the world. Their intentions should not admit of suspicion. The defendant has not purged himself on oath. If the matter orginally in variance had been compromised, there was no necessity to take a recognizance. Burns could not have been so ignorant as not to have known, that the taking of recognizances in such sums, was a reproach to the public justice of the coun*try, on a criminal charge. The certificate that Montgomery had entered into recognizance with sufficient securities, proves that he knew he was acting wrong in his office. Let him exculpate himself on a public trial. His character as a justice of the peace demands it.

¶2The rule for granting an information must be made absolute.

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