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COMMONWEALTH v. FRANKLIN

4 U.S. 316 (____)

4 Dall. 316

Commonwealth versus Franklin et al.

Supreme Court of United States.

Attorney(s) appearing for the Case

For the defendants. If the cause was never pending in the Circuit Court.

SHIPPEN, Chief Justice.

The objection to the direction of the certiorari is fatal. The power and cognizance of the Judges of the Court of Common Pleas, do not extend to criminal cases. Those Judges are, indeed, ex officio, members of another Court, which possesses a criminal jurisdiction; but, when sitting there, they are Judges of the Court of Quarter sessions, not of the Common Pleas.

I am, also, inclined to think...

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