Commonwealth v. Earle
Supreme Court of Pennsylvania
■ At a Court of Oyer and Terminer held at Williamsport for the County of Lycoming, at November Term, 1835, John Earle was arraigned upon the following indictment: “ Lycoming County, ss.
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■ At a Court of Oyer and Terminer held at Williamsport for the County of Lycoming, at November Term, 1835, John Earle was arraigned upon the following indictment: “ Lycoming County, ss. The Grand fnquest of the Commonwealth of Pennsylvania, inquiring for the body of the county of Lycoming aforesaid, upon their oaths and affirmations respectively do present, that John Earle late of Lycoming County aforesaid, labourer, not having the fear of God before his eyes, but being moved and seduced by the instigations of the devil, and of his malice aforethought, wickedly contriving and intending a…
1Opinion of the Court
The Court
felt itself bound to refuse an allocatur: 1st, Because it is not entirely clear, though the weight of authority from precedent is the other way, that the indictment is insufficient for want of an averment, that the prisoner knew the substance employed to be a deadly poison. In Mary Blandy's case, (1 Hargr. St. Tr. 1,) the prisoner was executed, though'-the indictment contained no such averment. Yet it is undoubtedly the safer course to insert it, ex majori cautela: 2d, Because, such a defect could not by any possibility affect the question of innocence or guilt before the jury ; and…
2Cited by10 opinions
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- McLane v. TerritoryArizona Supreme Court · 1903
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