Respublica v. Joshua Buffington

1 U.S. 60, 1 L. Ed. 37, 1 Dall. 60, 1781 U.S. LEXIS 42

Opinion

By the Court.

Although it may be allowed, that the legislature is not bound to the same strictness, that is required in the descriptions of all indictments ; yet, we are inclined to think, that the executive council is so bound. Even in the case of a pax-don, if the person intended to be benefited were named of a wrong township, the effect of the pardon would be ex-tx-emely doubtful.

On the present occasion, though Joshua Buffington of East Bradford was called upon to surrender himself ; yet, Joshua Buffington of West Bradford certainly was not; and there is ground for a px-esumption, that the prisoner did not think he was the immediate object of the proclamation. The court are, therefore, of opinion, that the indentity is not sufficiently established.

The jury found a verdict, upon the issue, in favor of the defendant; and he was thei-eupon discharged. In September 1782, he was tried for the offences alleged against him, and was acquitted. But the court ordered him to give security to be of good behaviox-, and keep the peace, during the war with Great Britain, (a)

(a) See Respublica v. Doan, post, p. 86; Respublica v. Steele, 2 Dall. 92.