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2 Yeates 437

Respublica v. Donagan

Supreme Court of Pennsylvania

Decided March 15, 1799

Supreme Court of Pennsylvania · decided 1799-03-15

On a certiorari directed to the justices of Oyer and Terminer of Dauphin county, it was returned, that on the 17th June 1798, the prisoners had been tried as accessaries before theffact to the murder of Francis Shitz, and had been found not guilty by a jury of the country.

Decided 1799-03-15

Seri per ewr.

¶1The court before whom the trial was had, under their general authority to preserve the peace, had a right to require such bail and for such a length of time, as they judged would best answer the ends of public justice. No doubt can be entertained of it. And it would be highly improper for us to interfere, in a matter wherein they have exercised their legal discretion. Unsafe would the community be, if such characters could prowl at large through the country, without a sufficient tie on them.

¶2Motion denied.*

¶3The prisoners afterwards broke gaol and escaped.

¶4 Surety for the good behaviour ordered by the court after acquittal. Comb. 40. 2 Hawk. 442.

¶5One may be bound with sureties for his good behaviour even during life. Cro. Car. 332, 878. 2 Stra. 834. 1 Hawk. 106, 129.

¶6Surety of the peace may be demanded for any number of years that the public safety requires. It is discretionary in the court. 1 Term Rep. 700.

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