The rule was opposed by Dallas and McKean; and the opinion of the court in the absence of the Chief Justice, was delivered by
SHIPPEN, Justice. —
The present is the first instance, that we recollect, of an application of this kind in Pennsylvania; and on opening the case, it struck us to be within the 10th section of the 9th Article of the Constitution, which declares, "that no "person shall for any indictable offence, be proceeded against...
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