Murray v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Allegheny county: Of October and November Term 1875, No. 194. Philip Murray was indicted in the court of Oyer and Terminer of Allegheny county for the murder of James White, and tried April 13th 1875, before Ewing, P. J., and Kirkpatrick, J., of the Court of Common Pleas, No. 2, of the same county.
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Error to the Court of Oyer and Terminer of Allegheny county: Of October and November Term 1875, No. 194. Philip Murray was indicted in the court of Oyer and Terminer of Allegheny county for the murder of James White, and tried April 13th 1875, before Ewing, P. J., and Kirkpatrick, J., of the Court of Common Pleas, No. 2, of the same county. Two jurors drawn were challenged by the Commonwealth for cause, and the challenge sustained; a hill of exceptions was sealed for the prisoner. The matters considered and decided by the Supreme Court do not require a statement of the evidence in the case,…
1Opinion of the CourtJustice Paxson
It is an unusual practice for the District Attorney to submit points to the court in a capital case. In my own experience I have never known it to be done, nor is it easy to see the object, as the Commonwealth is concluded by the verdict. In this case it has resulted disastrously. The only substantial errors assigned are to the answers of the court to the points submitted for the Commonwealth.
The first and second assignments of error are not sustained. They were not seriously pressed upon the argument, and I may pass them without further comment. But there was error in affirming the…
2Cited by16 opinions
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- Commonwealth v. LightSupreme Court of Pennsylvania · 1974
- Nicola v. United StatesCourt of Appeals for the Third Circuit · 1934
- Commonwealth v. GreeneSupreme Court of Pennsylvania · 1909
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
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