3 Yeates 263 | Pa. | 1801
There can be no difficulty in saying that if principals, the superior offenders, are entitled to the benefits of the law of 1785, the accessaries, who are in inferior grades of criminality,,must have the same pretensions.
was of opinion, that the second objection on the part of the commonwealth was well founded. The provisions in the first twelve sections of the law of 1785, all go to the cases of *persons committed or detained for any criminal or supposed *266] criminal matter, to prisoners in actual custody of some officer of justice.
said, that the inclination of his mind was, that the habeas corpus would not lie to the bail; but declined giving any decided opinion on the point.
By the Court. We have no doubt of the powers of the court of Oyer and Terminer of retaining the defendants under bail, to answer the indictment, if their minds were satisfied, either that the witnesses were kept out of the way by the procurement or threats of the defendants, or that they had prevented the arrest of the principal. It would be monstrous to suppose, that the parties by their own improper conduct, should elude the punishment for a superior offence, by subjecting themselves to a prosecution for misdemeanor. We must refer the defendants to the Court of Oyer and Terminer, who are best acquainted with the circumstances of the case. There they will not be treated with oppression; but if 'the public interests and safety require it, they will administer that preventive justice, which the laws of the government empower them to exercise.
Motion denied.
A constable is within the habeas corpus act. i Stra. 167
Vide new ed. of Bac. Abr. Vol. 3, p. 18.