Shay v. Commonwealth
Supreme Court of Pennsylvania
Error to the Oyer and Terminer of Luzerne county. This was an indictment against Robert Shay, Solomon' Rose, Michael Oassiday, Chancey Root, Henry Root, Benjamin French, William T. Fuller, and Augustus Kirlin, charging them with the murder of one Joseph Mayer, on the 12th December 1859, by shooting him with a gun. The defendants demanded separate trials, which were granted.
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Error to the Oyer and Terminer of Luzerne county. This was an indictment against Robert Shay, Solomon' Rose, Michael Oassiday, Chancey Root, Henry Root, Benjamin French, William T. Fuller, and Augustus Kirlin, charging them with the murder of one Joseph Mayer, on the 12th December 1859, by shooting him with a gun. The defendants demanded separate trials, which were granted. The district attorney elected to try Shay before the other defendants; and the court below.refused, on the application of the defendants, to interfere with his discretion. Shay, and Fuller who signified his willingness to…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
Robert Shay and seven others were indicted in the Court of Oyer and Terminer and general jail delivery for the county of Luzerne, for the murder of Joseph Mayer, and, upon being severally arraigned, pleaded not guilty, and demanded separate trials, which were granted. The counsel for the defendants then requested the district attorney to try all the other defendants before Shay, who was indicted as principal in the first degree, which he refused to do; upon which they applied to the court to order the district attorney to try the cases in the…
2Cases cited2 opinions
- People v. BillNew York Supreme Court · 1813
- People v. WilliamsNew York Supreme Court · 1838
3Cited by2 opinions
- Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Commonwealth v. FarrellSupreme Court of Pennsylvania · 1935