Curley v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Montgomery county: Of January Term 1877, No. 290. Indictment of Thomas F. Curley, for the murder of Mary Ann Whitby. On the trial before Boss, P. J., it appeared that Curley was employed as a hand on the farm of Mr. James Weikle. On the 18th of May 1875, the latter went to Norristown to attend court as a juror, taking with him his family, and leaving Curley alone on the farm with Miss Whitby, who was an elderly maiden lady.
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Error to the Court of Oyer and Terminer of Montgomery county: Of January Term 1877, No. 290. Indictment of Thomas F. Curley, for the murder of Mary Ann Whitby. On the trial before Boss, P. J., it appeared that Curley was employed as a hand on the farm of Mr. James Weikle. On the 18th of May 1875, the latter went to Norristown to attend court as a juror, taking with him his family, and leaving Curley alone on the farm with Miss Whitby, who was an elderly maiden lady. On the morning of the same day there had been a slight altercation between Mr. Weikle and Curley in regard to some of his stock,…
1Opinion of the CourtChief Justice Agnew
The first assignment of error is not supported. The law has not provided an office for the jury commissioners, nor a place of safety for the custody of the jury wheel. Hence they did the best in their power for its custody, by making an arrangement for its safe keeping in the vault of the county treasurer, and upon the condition that no one but a jury commissioner should enter the vault for the wheel. The evidence shows satisfactorily that the wheel was sealed and the seals were unbroken, and not tampered with. There was no suspicion of any real ground of challenge, either as to the custody…
2Cited by7 opinions
- Commonwealth v. EaganSupreme Court of Pennsylvania · 1899
- Neal v. United StatesCourt of Appeals for the Fourth Circuit · 1927
- Commonwealth v. NyeSupreme Court of Pennsylvania · 1913
- Commonwealth v. MinneySupreme Court of Pennsylvania · 1906
- Commonwealth v. ZillafrowSupreme Court of Pennsylvania · 1903
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