Legal Opinion

Taylor v. Commonwealth

Supreme Court of Pennsylvania

Decided April 27, 1885No. 220PublishedCited by 12 opinions

Error to the Court of Oyer and Terminer and General Jail Delivery of Philadelphia county : Of January Term 1885. No. 220. Indictment of Joseph Taylor for the murder of Michael F. Doran. When the prisoner was arraigned he pleaded not guilty. On the trial before Ludlow, P. J., after the jury had been sworn, counsel moved to withdraw this plea and file a plea that Taylor was a lunatic at the time of the trial.

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Error to the Court of Oyer and Terminer and General Jail Delivery of Philadelphia county : Of January Term 1885. No. 220. Indictment of Joseph Taylor for the murder of Michael F. Doran. When the prisoner was arraigned he pleaded not guilty. On the trial before Ludlow, P. J., after the jury had been sworn, counsel moved to withdraw this plea and file a plea that Taylor was a lunatic at the time of the trial. This motion was refused by the court and the jury instructed that “if the prisoner should appear to be insane during the trial (but not at the commission of the crime), the jury, if that…

1Opinion of the CourtChief Justice Merottr

That the plaintiff in error killed Doran, is a conceded fact. It is admitted and clearly proved that he did it with force and violence, and without justification. When he committed this homicide he was a convict serving a term of imprisonment in the Eastern Penitentiary, and Doran was an overseer therein. Having become angry at the latter for some supposed injury, the prisoner struck the fatal blows in a manner indicating great wickedness and depravity.

Alleged insanity constitutes the ground of defence. Numerous specifications of error are assigned, yet on the argument they were all presented…

2Cited by12 opinions

  1. Commonwealth v. BuccieriSupreme Court of Pennsylvania · 1893
  2. Commonwealth v. CavalierSupreme Court of Pennsylvania · 1925
  3. Commonwealth v. CalhounSupreme Court of Pennsylvania · 1913
  4. Commonwealth v. SzachewiczSupreme Court of Pennsylvania · 1931
  5. Woodward Iron Co. v. SpencerSupreme Court of Alabama · 1915

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