Commonwealth v. Jailer
This text of 7 Watts 366 (Commonwealth v. Jailer) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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7 Watts 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-jailer-pa-1838.