Legal Opinion

Campbell v. Commonwealth

Supreme Court of Pennsylvania

Decided May 7, 1877PublishedCited by 25 opinions

Error to the Oyer and Terminer of Carbon county: Of January Term 1877, No. 11. Indictment of Alexander Campbell, who was jointly indicted with Hugh McGehan and James Carroll for the murder of John P. Jones. Carroll and McGehan were tried and convicted for the murder of Benjamin F. Yost in Schuylkill county. (See report of case ante, p. 107. j The indictment read as follows :— “ In the Court of Oyer and Terminer and General Jail Delivery for the county of Carbon.

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Error to the Oyer and Terminer of Carbon county: Of January Term 1877, No. 11. Indictment of Alexander Campbell, who was jointly indicted with Hugh McGehan and James Carroll for the murder of John P. Jones. Carroll and McGehan were tried and convicted for the murder of Benjamin F. Yost in Schuylkill county. (See report of case ante, p. 107. j The indictment read as follows :— “ In the Court of Oyer and Terminer and General Jail Delivery for the county of Carbon. March Term 1876. “ County of Carbon, ss :— “ The grand inquest of the Commonwealth of Pennsylvania, inquiring for the county of…

1Opinion of the CourtJustice Sterrett

The plaintiff in error was jointly indicted with McGehan and Carroll in the short form, authorized by the Criminal Procedure Act, for the murder of John P. Jones, and when called for trial he moved to quash the array, for the reasons, 1. “ That it does not appear from the record that the jurors were selected by persons having authority to do so2. “ That the persons Avho selected the names *195which were put in the wheel from which the jury were to be drawn, made such selections without having been sworn according to law.” These allegations were traversed by the Commonwealth, and the onus of…

2Cases cited2 opinions

  1. People v. DavidsonCalifornia Supreme Court · 1855
  2. Yordy v. Marshall CountySupreme Court of Iowa · 1892

3Cited by25 opinions

  1. Commonwealth v. StrantzSupreme Court of Pennsylvania · 1937
  2. Commonwealth v. RomanSupreme Court of Pennsylvania · 1976
  3. Commonwealth v. WassonSuperior Court of Pennsylvania · 1910
  4. Commonwealth v. DeMossSupreme Court of Pennsylvania · 1960
  5. Commonwealth v. ZuernSuperior Court of Pennsylvania · 1901

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