Respublica v. Joshua Buffington

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

• Court: Supreme Court of the United States
• Decided: September 1, 1781
• Status: Published

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.