Commonwealth v. Curcio
Supreme Court of Pennsylvania
Appeal, No. 245, Jan. T., 1907, by defendant, from judgment of O. & T. Lackawanna Co., Feb. T., 1906, No. 8, on guilty of murder in the first degree in case of Commonwealth v. Saverio Curcio. Indictment for murder. The circumstances of the killing are stated in the opinion of the Supreme Court. Defendant presented these points: 13. Manslaughter is defined to be the unlawful killing of another without malice, expressed or implied.
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Appeal, No. 245, Jan. T., 1907, by defendant, from judgment of O. & T. Lackawanna Co., Feb. T., 1906, No. 8, on guilty of murder in the first degree in case of Commonwealth v. Saverio Curcio. Indictment for murder. The circumstances of the killing are stated in the opinion of the Supreme Court. Defendant presented these points: 13. Manslaughter is defined to be the unlawful killing of another without malice, expressed or implied. And if the jury believe that this killing was done with sufficient cause of provocation, and the defendant was in a state of rage and passion, without time to cool,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The assignments of error to be considered are those that relate to the refusal of the court, on request, to define the crime of manslaughter, and to the instruction that there could not be *383a conviction of manslaughter, and that the count charging it should he disregarded by the jury. The power and duty of the jury to ascertain the degree of murder is fixed by law in this state, and a peremptory instruction that takes from it the power to do this is erroneous : Commonwealth v. Sheets, 197 Pa. 69 ; Commonwealth v. Kovovic, 209 Pa. 465. While it is not the duty of the…
2Cases cited8 opinions
- Commonwealth v. BuccieriSupreme Court of Pennsylvania · 1893
- Commonwealth v. CrossmireSupreme Court of Pennsylvania · 1893
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1874
- Commonwealth v. EckerdSupreme Court of Pennsylvania · 1896
- Commonwealth v. SheetsSupreme Court of Pennsylvania · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. ColandroSupreme Court of Pennsylvania · 1911
- Commonwealth v. PolimeniSupreme Court of Pennsylvania · 1977
- Commonwealth v. CainSupreme Court of Pennsylvania · 1977
- Commonwealth v. PetrilloSupreme Court of Pennsylvania · 1940
- Commonwealth v. PrincipattiSupreme Court of Pennsylvania · 1918
9 more not listed; retrieve them via the Exa API.