Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-02-06

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ln.ul The indictment . BOO mw., GONE
.um.N with '.p rquttanoutso'i iae 90 u
r.eI.5n Of Dhr A,l of Ngra1 "a. 1880.
.l,ual Codgl tlo Criminal Procedure
Act
/ We do not think chat net In counic,
with the constitutional provision that in
|all criminal pro5pcutions the acruscd
shall have Tho right 10 hc informed Of the
/ " nature and cause of the accusation
|oglinst him" An indictment must eX.
/ hbit the mature and cause Of the uccusas
/ tion," that is, must set out the crime laid
| to the charge of the accused but the
mode in which the crime is committed,
the instrument with which the murder
was effected whether it was held in the
, right hand or the left. whether the wound
wa inflicted upon the head or the body,
are entirely apart from the nature and
cause Of the accusation. There is no mer.
it in this assignment.
Another avcrmcnt OF the plaintiff in
error ! that tho sentence was imurOpUlY
pronounced. because the charge Of the
Court wa, eEcepto ! 10, but was not fled
until after The judgement was given #
there Herc anything in the oNceutjnN, il
could avail him bll little. for then it
'wonl! be- oar duty - pass sentence Bat
I there is nothing in It. Everything tluf
was necessary 10 giving judgement wa1
/ upon the record when sentence was pro-
|nouncod. True thecharge was NOT there,
bnl that was needed for review, no. for
sentence.
! It is due TO The learned Judge Of thu
. Court below. 10 say that there were no
|wrt.en points presented TO him at the
I trial. 9ud Ge WAS not therefore nndnr OBJ.
| ,iration to file his cha % Immediately on
/ delivery, especially rs the exceptions we're
in the usual form and there was no re-
/ quest that he should reduce his whole
| opinion and charge as delivered to the in.
Try 20 writing. at the time Of the delivery
Iof the same, and forthwith file It ofro.
/ Icord
! The only romajnine ssign mont Of error
lis the eleventh tits that that the sen
Itcu2e j. indefinite. no time being fixed
! fer its being carried into effect and no
Iother p"rsyu having legal authority 10 Ak
the time This Is certainly novel eX-
ception .osbe t. ken at this late period in
| the history Of the Commonwealth. 1t
would be ont Of place here 10 spend time
! in showing how the power to designate
! the. time Of execution is vested in the
. Governor. That il always has been expr,
aised by him is denied. and it would not
/ be difficult TO show that it has not been
/ |rjghtfu,iy exercised. But that question
/ is not on tui. record. The mltler for
our considers ton is whether u sentence
Of death which does not appoint day
for execution is proper sentence.
Our act Of Assembly orthe 3lst OF MHy,
| lTlS, entitled IAN act for tine advance
! Imeni @ justice and nCrc certain admins
Itratiun thereof enacted that whenever
convictions should happen it should be
lawful % give Judgment according the
manner form snd direction Of the laws Of
that part Of Great brilnin. called England,
in the like cases This provision WAS il.
| deed hardly necessary for without it, our
Courts, being Common Law Cours would
have had that power unless restrained by
statute.
The manner and form Of giving judg-
ment in England in iil6, in cases Of cJn-
yictiou for murder was precisely that
which the Court oI oyer and Ier@.iner ad-
optcu in this case. The cOnyict wus sen-
loncrd 90 death ~ hanging, but the sem
fence did not tiX the time and place o.
IeMccut,0u That such vas the mode and
form Of prououuc,ng judgment in capital
| tcionie, ppaar5 from all tAe books Ras~
tails Entrees, . BALES, Pleas Of the
( Crown, 800; Coke's Entrees 3j2, and 3
Curr, 1872: Nor was it changed 10y the
statute oi - Geo. .. c 3D. winch onacie /
that all persons found guilty OF murder
should bC executed On the next day, but
one after sentence passed
Sec sec. 5 Burrows, 1872, Rex vs.. King,
ct al; decided in l7Gj. In that case IT
wa said not 10 be usual at the AsSizes 10
fix the pay and place Of execution. The
Judgment IN this case was then strictly in
accoI dance with the forms and requisites
of the law. We have thus reviewed this
entire record, and TIE conclusion to which
we have come is, that it exhibits no rca-
son for reversing the judgment OF the
( Court below. The judgment is affirmed
/ Justice Woodward read his opinion dis.
iseu:iug from the views Of the majority u
lAe Court.
1t will thas be seen that the dread sen,
teuce of the law, mus, b ecGuiod into cf