Peiffer v. Commonwealth

• Decision Date: 14 April 1851
• Parties: Peiffer v. The Commonwealth.
• Court: Pennsylvania Supreme Court

15 Pa. 468

Peiffer v. The Commonwealth.

Supreme Court of Pennsylvania.

April 14, 1851

December Term 1850

On an indictment for murder, the jury, after being empannelled and sworn, were, with the consent of the prisoner's counsel allowed to separate. The judgment of conviction was reversed on that account; and it was ordered that the prisoner remain committed to answer another indictment.

ERROR to the Court of Oyer and Terminer in and for the county of Schuylkill.

Martin Peiffer was indicted for the murder of his wife, at the March term of the Court of Oyer and Terminer of Schuylkill county for the year 1851. On the 13th of March, 1851, the grand jury found a true bill. The defendant was arraigned on the 15th of March, and same day pleaded not guilty; same day a jury was sworn, and after the jury was sworn, in consequence of a press of business in the Quarter Sessions, the court below proposed that the counsel for the Commonwealth and the defendant should agree that the jury might separate and go to their respective homes, and return to the jury-box on Tuesday, the 18th instant, at nine o'clock, A. M.; which proposition was assented to, and the following entry made on the docket entry of the case, viz:--" 15th of March 1851, after the jury was sworn, it was agreed by the counsel of the Commonwealth, and by the counsel of the defendant, and agreed to by the court, that the jurors sworn in this case be permitted to separate and return to their respective homes and return to the jury-box on Tuesday morning next, at 9 o'clock, A. M. Then on Tuesday morning, March 18th, 1851 jurors all present, the evidence opened on the part of the Commonwealth, and closed at 11 o'clock, A. M., on Wednesday, 19th of March. Same hour of same day, the evidence opened for the defence, and closed on Wednesday evening, at 9 o'clock, P. M. Thursday, March 20th, 1851, at half-past 6 o'clock P. M., the jury returned to the box, and, after being polled, say they find the defendant guilty of murder in the first degree, in manner and form as he stands indicted. Same day, sentence of death passed on the defendant."

There was no order made by the court that the Court of Oyer and Terminer should continue for two weeks, and the venire for the jury in that court was returned for Monday, March 10 1851.

It was assigned for error:

1. That on 15th March, 1851, after the jury was sworn, it was agreed by the counsel of the Commonwealth, and by the counsel for the defendant, and agreed to by the court, that the jurors sworn in this case be permitted to separate, and return to their respective homes, and return to the jury-box on Tuesday morning next, at 9 o'clock, A. M.

2. The jury had no jurisdiction, and the whole proceedings under that jury were coram non judice and void.

The case was argued by Neville, for Peiffer.

It was contended that it was error to permit a jury to separate before verdict, in a capital case: Bacon's Ab. Juries, G; unless in case of overruling necessity; Com'th v. Cook, 6 Ser & R. 577; Com'th v. Clue, 3 Rawle 498. The consent of defendant makes no difference: he should not be asked to consent to a separation of the jury. See opinion of ABBOTT, C. J., in Rex v. Woolf, 1 Chitty's Rep. 401; Mills v. Com'th., 1 Harris 627.

2d Error:--The proceedings before the jury were void: Pam. Laws, 1848, p. 468-9; Dunlop 1119, Act of 1834; Dunlop 618; 1 P. A . Browne 200.

Palmer, contra cited 6 Ser. & R. 577; 4 Cowen 27; 1 Conn. 401; 2 Hay. 238; 2 Bayley 565; 15 Ohio 72; Whar. Crim. Law 646; 11 Lee 745; 2 Metcalf 694; id. 233; 2 Johns. 134.

The opinion of the court was delivered April 14, 1851, by GIBSON, C. J.

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