(DOWNLOAD) "Twitchell v. the Commonwealth" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Twitchell v. the Commonwealth
- Author : United States Supreme Court
- Release Date : January 01, 1868
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Mr. Hubbell, in support of the motion, contended, that the act of the Pennsylvania Assembly was repugnant to the 5th and 6th Amendments of the Constitution–to the last especially–that under these the prisoner had a right to be informed, before the trial, by the indictment, and so of record, that the murder was alleged to have been brought about by some particular instrument, or some instrument generally, or some means, method, or cause stated; to be informed, in other words, of the specific nature of the accusation, so as that he might be enabled to prepare for a defence; whereas, here the indictment stated but the general nature of the accusation, namely, that the prisoner had murdered Mrs. Hill; that the provisions of the Pennsylvania statute had been copied from a late British statute, and had departed from the principles of the common law–principles not more considerate and humane than just;–which, nevertheless, under the Constitution of the United States, remained, and remaining, were secured to all men; that the court below erred in not deciding in accordance with the view here presented, and that the warrant of the Governor for the execution was, therefore, not a 'due process' of law. In such a case the petitioner had a clear right to the interposition of this court, which he now respectfully asked. Mr. Hubbell read, in detail, cases3 to show that the appellate power of this court extends to criminal cases, where the State is a party. Mr. B. H. Brewster, Attorney-General of Pennsylvania, did not appear.