7 Watts 366
Decided September 15, 1838
Supreme Court of Pennsylvania · decided 1838-09-15
HABEAS CORPUS for the body of William Phillips, committed for horse stealing. The prisoner was indicted at May sessions 1838, but had obtained a continuance for the absence of witnesses. He had been brought up again for trial at the June sessions, but was found to be labouring under small pox.
Decided 1838-09-15
¶1There is no doubt that necessity, either moral or physical, may raise an available exception to the letter of the habeas corpus act. A court is not bound to peril life in an attempt to perform what was not intended to be required of it. The legislature intended to prevent wilful and oppressive delay; and it is sufficient that there is no colour for an imputation of it.
¶2Prisoner remanded.