Legal Opinion

Commonwealth v. Weber

Supreme Court of Pennsylvania

Decided March 25, 1895No. Appeal, No. 320PublishedCited by 50 opinions

Appeal, No. 320, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., June T., 1894, No. 261, on verdict of guilty of murder of the first degree. Indictment for murder. Before Endlich, J. At the trial counsel for the defense entered the following protest to the impaneling of the jury. “ And now, to wit, September 12, 1894, the defendant protests and objects to the impaneling of a jury in the above prosecution, a full panel not being present to draw from.”

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Appeal, No. 320, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., June T., 1894, No. 261, on verdict of guilty of murder of the first degree. Indictment for murder. Before Endlich, J. At the trial counsel for the defense entered the following protest to the impaneling of the jury. “ And now, to wit, September 12, 1894, the defendant protests and objects to the impaneling of a jury in the above prosecution, a full panel not being present to draw from.” To this the court replied: “I do not understand that the prisoner or the commonwealth is entitled to the full panel when the…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

The defendant having been found guilty of murder of the first degree, and having been sentenced accordingly, he presses this appeal.

The testimony was ample to establish, in substance, these facts: — Weber was a laborer, twenty-six years of age; from his birth had lived in the city of Reading; in April, 1892, had married Agnes Klemmer, a daughter of the deceased, Justus Klemmer, of Reading. Soon after marriage, they went to housekeeping, and continued to live together until some time in the early part of the year 1893, when the husband was convicted of a criminal…

2Cited by50 opinions

  1. Commonwealth v. LibonatiSupreme Court of Pennsylvania · 1943
  2. State v. DennisOregon Supreme Court · 1945
  3. Commonwealth v. WestwoodSupreme Court of Pennsylvania · 1936
  4. Commonwealth v. MooreSupreme Court of Pennsylvania · 1973
  5. State v. DammSouth Dakota Supreme Court · 1933

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