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Commonwealth against Jailer of Allegheny County
Mahan moved for his discharge under the third section of the habeas corpus act., Ipoin, for the Commonwealth,
Cited by 12 opinions | Published
Per Curiam.
There is no doubt that necessity, either moral or physical, may raise an available exception to the letter of the habeas corpus act. A court is not bound to peril life in an attempt to perform what was not intended to be required of it. The legislature intended to prevent wilful and oppressive delay; and it is sufficient that there is no colour for an imputation of it.
Prisoner remanded.