Commonwealth v. Smith
Supreme Court of Pennsylvania
Appeal, No. 436, Jan. T., 1921, by defendant, from judgment of O. & T., Bradford Co., Sept. T., 1920, No. 1, on verdict of guilty of murder of tbe first degree, in case of Commonwealth v. Floyd Smith. Indictment for murder. Before Maxwell, P. J. The opinion of the Supreme Court states the facts. Verdict of guilty of murder of the first degree upon which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 436, Jan. T., 1921, by defendant, from judgment of O. & T., Bradford Co., Sept. T., 1920, No. 1, on verdict of guilty of murder of tbe first degree, in case of Commonwealth v. Floyd Smith. Indictment for murder. Before Maxwell, P. J. The opinion of the Supreme Court states the facts. Verdict of guilty of murder of the first degree upon which judgment of sentence was passed. Defendant appealed. Errors assigned were various rulings and instructions as set forth in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
On March 22, 1920, the wife of defendant, Floyd Smith, gave birth to a male child, called Francis Smith. They were then residing at Elmira, New York, and, as they had been married but two months, defendant denied the paternity of the child. On April 20, 1920, its dead body was found partly covered by rocks in the bed of a creek, near South Waverly in Bradford County, Pa. At the trial defendant admitted placing the child’s body in the creek and that he had caused its death, but claimed the latter was accidental. He was convicted of murder of the first degree and,…
2Cases cited2 opinions
- Commonwealth v. HendersonSupreme Court of Pennsylvania · 1913
- People v. DunniganMichigan Supreme Court · 1910
3Cited by23 opinions
- Commonwealth v. HoffmanSupreme Court of Pennsylvania · 1970
- Commonwealth v. Del GiornoSupreme Court of Pennsylvania · 1931
- Commonwealth v. WilkesSupreme Court of Pennsylvania · 1964
- Commonwealth v. KarmendiSupreme Court of Pennsylvania · 1937
- Commonwealth v. CrittentonSupreme Court of Pennsylvania · 1937
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