Commonwealth v. Cunningham
Supreme Court of Pennsylvania
Appeal, No. 71, Jan. T., 1911, by defendant, from judgment and sentence of O. & T. Phila. Co., June Sessions, 1910, No. 297, on verdict of guilty of murder in first degree in case of Commonwealth of Pennsylvania v. William Cunningham. Indictment on the charge of murder. Before Ferguson, J. The facts are stated in the opinion of the Supreme Court. Errors assigned were the certain excerpts from the court’s charge, quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion bt
Mr. Chief Justice Fell,
The appellant was convicted of murder of the first degree in killing James McDevitt by cutting his throat with a razor. A statement of the occurrence favorable to the appellant is that after an altercation with McDevitt on the street in relation to a dog, he went home and returned to the street where half an hour later the altercation was renewed. McDevitt seized the appellant by the arm, and made a threatening remark and gesture. The appellant drew a razor from his pocket and inflicted the wound that caused death. The different degrees of murder, manslaughter…
2Cases cited3 opinions
- Commonwealth v. OrrSupreme Court of Pennsylvania · 1890
- Commonwealth v. McGowanSupreme Court of Pennsylvania · 1899
- McClain v. CommonwealthSupreme Court of Pennsylvania · 1885
3Cited by26 opinions
- Commonwealth v. KloiberSupreme Court of Pennsylvania · 1954
- Commonwealth v. SimmonsSupreme Court of Pennsylvania · 1948
- Commonwealth v. PatskinSupreme Court of Pennsylvania · 1953
- Commonwealth v. Del GiornoSupreme Court of Pennsylvania · 1931
- Commonwealth v. LessnerSupreme Court of Pennsylvania · 1922
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