Legal Opinion

Commonwealth v. Dennery

Supreme Court of Pennsylvania

Decided October 19, 1917No. Appeal, No. 184PublishedCited by 5 opinions

Appeal, No. 184, Jan. T., 1917, by defendant, from, judgment of O. & T. Clearfield Co., May T., 1916, No. 50, on verdict of guilty of murder of the first decree in case of Commonwealth of Pennsylvania v. W. M. Dennery, alias Mike Dennery, alias Whitey. Indictment for murder. Before Bell, P. J. From the evidence it appears that Tom Shade, a cripple, lived alone in a shanty in Clearfield Borough and worked for a brick company.

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Appeal, No. 184, Jan. T., 1917, by defendant, from, judgment of O. & T. Clearfield Co., May T., 1916, No. 50, on verdict of guilty of murder of the first decree in case of Commonwealth of Pennsylvania v. W. M. Dennery, alias Mike Dennery, alias Whitey. Indictment for murder. Before Bell, P. J. From the evidence it appears that Tom Shade, a cripple, lived alone in a shanty in Clearfield Borough and worked for a brick company. The shanty had two rooms, a front room, in which was Shade’s bed, and a kitchen. On January 31, 1916, he had quit work for a day or two and was indulging, as he…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is an appeal by the defendant from the judgment on conviction of murder of the first degree. We have carefully examined all of the assignments of error and the entire record and find no reason to disturb the judgment. The case was well tried by court and counsel and the verdict is supported by abundant evidence.

Conceding that defendant returned to Clearfield for a *230short time on the night of the homicide and later gave his correct name in the adjoining county, the court could not instruct the jury that as matter of law such facts rebutted any inference that…

2Cases cited4 opinions

  1. Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
  2. Commonwealth v. AndrewsSupreme Court of Pennsylvania · 1912
  3. Commonwealth v. HainesSupreme Court of Pennsylvania · 1917
  4. Commonwealth v. PottsSupreme Court of Pennsylvania · 1913

3Cited by5 opinions

  1. Commonwealth v. GardnerSupreme Court of Pennsylvania · 1925
  2. Tomlin v. StateCourt of Criminal Appeals of Alabama · 1991
  3. State v. FreseSupreme Court of Iowa · 1964
  4. Commonwealth v. WestleySupreme Court of Pennsylvania · 1930
  5. United States v. TonerDistrict Court, E.D. Pennsylvania · 1948

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