Bull v. Commonwealth
Supreme Court of Pennsylvania
At the April term 1857 of the Circuit court of the city of Richmond, Henry Bull and Thomas H. Haley were jointly indicted for the murder of Robert B. Ifar-quhar. The indictment charged that they did then and there feloniously and unlawfully, willfully, and of their malice aforethought, violently and cruelly, with their hands, fists and feet, beat, choke, strike and kick the said Robert B. Rarquhar, &c., &c. ; but it omitted the word “deliberately.”
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At the April term 1857 of the Circuit court of the city of Richmond, Henry Bull and Thomas H. Haley were jointly indicted for the murder of Robert B. Ifar-quhar. The indictment charged that they did then and there feloniously and unlawfully, willfully, and of their malice aforethought, violently and cruelly, with their hands, fists and feet, beat, choke, strike and kick the said Robert B. Rarquhar, &c., &c. ; but it omitted the word “deliberately.” When the prisoners were brought to the bar, they demurred to the indictment; but their demurrer was overruled. They then pleaded “not guilty;” and…
1Opinion of the CourtMoncure, J.
The court is of opinion, that the Circuit court did not err in overruling the demurrer to the indictment. The only question which seems to be raised, or intended to be raised by the demurrer, is, Whether, in an indict-*594anent for murder, the offence should'be described in the terms used in the statute defining murder in the first degree. This identical question was raised by the demurrer to the indictment in Bivingston’s Case, decided during the present term of this court, supra 592; and it is only necés-sary to refer to the opinion delivered by Judge Daniel in that case, for the reasons of the…
2Cases cited5 opinions
- Brotton v. LangertWashington Supreme Court · 1890
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Vaiden v. CommonwealthSupreme Court of Virginia · 1855
- Koiner v. Rankin's heirsSupreme Court of Virginia · 1854
- Shobe v. BellSupreme Court of Virginia · 1822