Commonwealth v. Ware
Supreme Court of Pennsylvania
APPEAL BY THE DEFENDANT FROM THE COURT OF OYER AND TERMINER OF DAUPHIN COUNTY. No. 12 May Term 1890, Sup. Ct.; court below, No. 138 June Term 1889, O. & T. On June 13, 1889, the grand jury of Dauphin county returned as a true bill an indictment charging Sidney Ware with the murder of Morris Miller. The defendant, being arraigned,. pleaded not guilty.
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APPEAL BY THE DEFENDANT FROM THE COURT OF OYER AND TERMINER OF DAUPHIN COUNTY. No. 12 May Term 1890, Sup. Ct.; court below, No. 138 June Term 1889, O. & T. On June 13, 1889, the grand jury of Dauphin county returned as a true bill an indictment charging Sidney Ware with the murder of Morris Miller. The defendant, being arraigned,. pleaded not guilty. Issue having been joined, the case was tried on September 26, 1889. The record contained no bills of exception, none having been taken either upon the trial or dt any other stage of the case. The paper-books set forth the following proceedings:…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
This record comes up without a single exception in the court below. It was conceded upon the argument at bar that no exceptions were taken. Yet we have assignments of error to various matters which occurred at the trial, to the charge of the court and the answers to points. Neither the charge nor the points and answers are attached to the record. In the absence of a bill of exceptions, we have nothing before us but the bare record, such as would be sent up Upon a common-law writ of certiorari. The object of an exception is to place something upon the record…
2Cases cited2 opinions
- Zell v. CommonwealthSupreme Court of Pennsylvania · 1880
- O'Mara v. CommonwealthSupreme Court of Pennsylvania · 1874
3Cited by22 opinions
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- United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
- Commonwealth v. PetermanSupreme Court of Pennsylvania · 1968
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1919
- State v. WilsonSupreme Court of Kansas · 1961
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