Staup v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Fayette county : No. 64, to October and November Term 1873. At September Term 1872, Jacob Staup and Henry Staup were jointly indicted for the murder of Alpheus Glover. The indictment was continued until December Term 1872. At December Term Jacob Staup was separately arraigned and pleaded “ Not guilty.” He was tried at that term and found guilty of murder in the first degree.
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Error to the Court of Oyer and Terminer of Fayette county : No. 64, to October and November Term 1873. At September Term 1872, Jacob Staup and Henry Staup were jointly indicted for the murder of Alpheus Glover. The indictment was continued until December Term 1872. At December Term Jacob Staup was separately arraigned and pleaded “ Not guilty.” He was tried at that term and found guilty of murder in the first degree. A rule to show cause why a new trial should not be granted was made absolute and a new trial ordered. On the 4th of March 1873 he was again tried before Gilmore, P. J., and his…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1874, by
Asnew, J. —
We think there was error in the refusal of the court to sustain a number of the prisoner’s challenges for cause. How far an opinion formed by a juror upon the guilt or innocence of the prisoner is sufficient to sustain a challenge is not well settled. A half a century ago, when jurors were easily obtained, who had heard nothing of the cause, or so little as to have no fixed opinions upon-the guilt of the prisoners, the rule was held strictly to exclude all who had in any manner formed and expressed an opinion.
At the…
2Cases cited2 opinions
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
- Goodright v. M'CauslandSupreme Court of Pennsylvania · 1794
3Cited by17 opinions
- Commonwealth v. Van HornSupreme Court of Pennsylvania · 1898
- Commonwealth v. ScottSupreme Court of Pennsylvania · 1925
- Clark v. CommonwealthSupreme Court of Pennsylvania · 1889
- Commonwealth v. BlanchardSupreme Court of Pennsylvania · 1942
- Commonwealth v. FarrellSupreme Court of Pennsylvania · 1935
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