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COMMONWEALTH v. FRANKLIN (11/12/52)

November 12, 1952

COMMONWEALTH
v.
FRANKLIN



COUNSEL

Thomas M. Reed, Samuel Dash, Asst. Dist. Attys., Michael von Moschzisker, First Asst. Dist. Atty., Richardson Dilworth, Dist. Atty., Philadelphia, for appellant.

Raymond Pace Alexander, Wm. J. Woolston, Philadelphia, for appellee.

Herman I. Pollock, voluntary defender, Philadelphia, amicus curiae in the court below.

William Allen Rahill, Julian E. Goldberg, Philadelphia, for American Civil Liberties Union amicus curiae.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

[ 172 Pa. Super. Page 196]

PER CURIAM.

The majority of the members of the Court, Judge DITHRICH dissenting, agree that the order of the court below should be affirmed on the opinion of Judge Milner.

Order is affirmed.

STATEMENT OF CASE FOOTNOTES

1 See the excellent note in 88 U. of Pa.L.Rev. 331 (1940) for a careful review of the practice of requiring bonds in the United States and note the careful distinction maintained throughout between surety to keep the peace and demand of a bond for good behavior; the distinction is also maintained for bonds demanded after conviction and those demanded after acquittal.

2 In United States ex rel. Henson v. Mills, E.D.Pa.1937, 21 F.Supp. 616, reported also in 31 Pa.Dist. & Co. 47, 48, a habeas corpus proceeding, Judge Maris reviewed an order, after acquittal, directing entry of bail in the sum of $25,000. to keep the peace and be of good behavior for a period of ten years. The question of due process was not thoroughly considered and was not argued. There was dicta (based on an assumption of propriety) which we may ignore. See also the dicta in Commonwealth v. Andrews, 1905, 211 in Commonwealth v. Andrews, 1905, 211 Pa. 110, 112-113, 60 A. 554.

3 This reference to Sergeant Hawkins we shall consider infra. The reference to 'Comb. 40' is to Rex v. Sir John Knight and is also discussed infra.

4 See Commonwealth v. Duane, 1806, reported in full in footnote (a) in Commonwealth v. Davies, 1804, 1 Bin. 97 and also see Commonwealth v. Keeper of the Prison, 1828, 1 Ashm. 140 discussed infra. More recently ...


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