The King v. Philip Henry Rapp

1 U.S. 9, 1 Dall. 9

• Court: Supreme Court of the United States
• Decided: April 1, 1764
• Status: Published

Opinion

Indictment for misdemeanor, in marrying a man to a woman who had another husband living. Moved, on the part of the defendant, to put off the trial, on affidavit of material witnesses wanting, and that he had taken the proper steps to get them. Opposed by the attorney-general, as being a criminal case, and not within the rules .of civil eases. But granted By the Court, the defendant being a clergyman, and his living depending on his acquittal: but declared not to be a precedent. (b)

(b) In Rex v. D’Eon, 3 Burr. 1513, the court said, that in all cases, whether criminal or civil, a trial shall not be hurried on, so as to do injustice to the defendant.