Turner v. Commonwealth
Supreme Court of Pennsylvania
Error and certiorari to the Court of Oyer and Terminer and General Jail Delivery of Clearfield county: Of May Term 1878, Nos, 47 and 48. Certified from the Middle District. Indictment of Martin V. Turner for the murder of Maria J. Waple. Defendant pleaded “Not guilty.” The indictment was drawn as follows :— “ In the Court of Oyer and Terminer for the county of Clear-field, January Session 1877, County of Clearfield ss.
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Error and certiorari to the Court of Oyer and Terminer and General Jail Delivery of Clearfield county: Of May Term 1878, Nos, 47 and 48. Certified from the Middle District. Indictment of Martin V. Turner for the murder of Maria J. Waple. Defendant pleaded “Not guilty.” The indictment was drawn as follows :— “ In the Court of Oyer and Terminer for the county of Clear-field, January Session 1877, County of Clearfield ss. The Grand Inquest of the Commonwealth of Pennsylvania, inquiring for the county of Clearfield, upon their respective oaths and affirmations, do present, That Martin V. Turner,…
1Opinion of the CourtJustice Gordon
The exceptions in this case are very numerous, and we must, as far as we can, classify and examine them in this manner. Naturally those exceptions which go to the jurisdiction of the court first claim our attention. It is alleged, firstly, that the indictment was found, and the defendant tried and sentenced, in a court unknown to the constitution and laws of this Commonwealth. This allega*69tion is based on the fact that the record names the coutt as the “ Oyer and Terminer,” and omits “and General Gaol Delivery.” This, however, is exactly what is done in the eighth and ninth sections of the…
2Cited by27 opinions
- Commonwealth v. NewSupreme Court of Pennsylvania · 1946
- Commonwealth v. DonoughSupreme Court of Pennsylvania · 1954
- Commonwealth v. CosnekSupreme Court of Pennsylvania · 2003
- Commonwealth v. BarnakSupreme Court of Pennsylvania · 1947
- Commonwealth v. WentzelSupreme Court of Pennsylvania · 1948
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