Note 120 — Chapter I
Reading edition
In Proprietor v. Wilkins, Pennypacker’s Colonial Cases, 89 (1685-6), a criminal case in Philadelphia, after the defendant had elected to be tried “by the bench of justices without a jury,” Hersent, the attorney-general, contended that it was contrary to law to try a prisoner without a petit jury. His contention was overruled, but the prisoner was convicted and fined.