State v. Butcher

Delaware County Court of Quarter Sessions

State v. Butcher

1 Del. Cas. 334

CourtDelaware County Court of Quarter Sessions

DecidedDecember 15, 1793

StatusPublished

This text of 1 Del. Cas. 334 (State v. Butcher) is published on Counsel Stack Legal Research, covering Delaware County Court of Quarter Sessions primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Butcher, 1 Del. Cas. 334 (Pa. Super. Ct. 1793).

Pincite

Opinion

After argument,

per Curiam.

We consider it as a clear point that the defendant is entitled to be discharged without payment of costs, as the acquittal has taken place since the operation of the Constitution. The language of the Constitution plainly applies to the present case. And it would be strange if one man must pay costs and another not, under similar circumstances, merely because of the time when the indictment was found.

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After argument,

per Curiam.

We consider it as a clear point that the defendant is entitled to be discharged without payment of costs, as the acquittal has taken place since the operation of the Constitution. The language of the Constitution plainly applies to the present case. And it would be strange if one man must pay costs and another not, under similar circumstances, merely because of the time when the indictment was found.

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Bluebook (online)

1 Del. Cas. 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-butcher-paqtrsessdelawa-1793.