Commonwealth v. Jailer
7 Watts 366 | Pa. | 1838
There 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.
Prisoner remanded.
