Commonwealth ex rel. Norton v. Deacon

This Court will not disnlmrge prison. leas corpus, diotmentTs" pending against them, on which they committed by aCourthaving risdietion- mi the ground that they have been tried on menqand acquitted on some ofthe counts, but no verdict given on the others. The remedy, judgmentE°US should be rendered, is by writ of error.

THIS was a habeas corpus directed to the defendant, the keeper of the prison of Philadelphia, to bring up the bodies of Norton, Roosewelt and Eddy. By the return it appeared, that the defendants were indicted for forgery, and tried in the Mayor’s Court of- the city of Philadelphia. . ..... ,, . Phere were sixteen counts m the indictment, and-the jury ^ound the defendants not guilty on nine counts, and said no. thing as to the residue. The Mayor’s Court afterwards committed the defendants to take their trial on the other seven counts, that an acquittal on the nine counts, was an acquittal on the whole indictment, and that .they could not be tried again, You need not use ány argument to prove that the plaintiffs cannot be tried again on this indictment, that if there were any error, it should be brought before the Court on a writ of error. that under the circumstances, they were entitled to a discharge. They had been detained in prison more than two Courts.