Legal Opinion

Commonwealth v. McKwayne

Supreme Court of Pennsylvania

Decided May 18, 1908No. Appeal, No. 125PublishedCited by 7 opinions

Appeal, No. 125, Jan. T., 1908, by defendant, from judgment of O. and T. York Co., on verdict of guilty of murder of the first degree in case of Commonwealth v. Richard McKwayne. Indictment for murder.

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Appeal, No. 125, Jan. T., 1908, by defendant, from judgment of O. and T. York Co., on verdict of guilty of murder of the first degree in case of Commonwealth v. Richard McKwayne. Indictment for murder. Before Bittenger, P. J. The court charged in part as follows : [The commonwealth’s witnesses swear that accused demanded his time from Peterson at the cut, and threatened if he did not give the accused his time one of them would be in hell before night; that a man-by the name of Porter there on the ground handed Peterson a hatchet, during the controversy between him and the accused, which he…

1Opinion of the Court

Pee Curiam,

Two of the assignments of error, the second and the seventh, *452are not in compliance with rule 31, which requires that the testimony and the rulings of the court shall be set out in the assignment. But, because of the nature of the case, we have examined these assignments to see whether there was any •merit in them. We find none.

The remaining assignments that need be considered relate ;to two subjects : (1) The instruction in the charge that the interest of the prisoner might be taken into account in determining his credibility as a witness ; (2) the statement qualifying the…

2Cases cited4 opinions

  1. Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
  2. Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1906
  3. Commonwealth v. OrrSupreme Court of Pennsylvania · 1890
  4. Commonwealth v. MitchkaSupreme Court of Pennsylvania · 1904

3Cited by7 opinions

  1. Commonwealth v. CommanderSupreme Court of Pennsylvania · 1970
  2. Commonwealth v. LawrenceSupreme Court of Pennsylvania · 1968
  3. Commonwealth v. TauzaSupreme Court of Pennsylvania · 1930
  4. Commonwealth v. HarleySuperior Court of Pennsylvania · 1980
  5. Commonwealth v. CollazoSupreme Court of Pennsylvania · 1962

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