Warren v. Commonwealth
Supreme Court of Pennsylvania
Error, to the Court of Oyer and Terminer of Berks county. At the August Term of the Court of Oyer and Terminer for the county of Berks, held August 13th 1860, John Warren was arraigned on an indictment charging him with the murder of a woman who was unknown to the jury; and, on the 17th of August, the jury returned a verdict of guilty of murder in the first degree.
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Error, to the Court of Oyer and Terminer of Berks county. At the August Term of the Court of Oyer and Terminer for the county of Berks, held August 13th 1860, John Warren was arraigned on an indictment charging him with the murder of a woman who was unknown to the jury; and, on the 17th of August, the jury returned a verdict of guilty of murder in the first degree. Motions were then made for a new trial, and in arrest of judgment, which, on hearing, were overruled, and, on the 27th day of September 1860, he was sentenced to death. This writ of error was, thereupon, applied for and allowed,…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— The first assignment of error in this case is to the allowance of peremptory challenges on the part of the Commonwealth. It was allowed pursuant to the provisions of the *5237th section of the “ Criminal Procedure” Act of 1860. Eour such challenges are given to the Commonwealth by this act, in all cases, without regard to anydistinetion between misdemeanours and felonies.
The question is now presented whether the provision is in conflict with that portion of our constitution which declares “ that trial by jury shall be as heretofore, and the…
2Cases cited3 opinions
- Beers v. BeersSupreme Court of Connecticut · 1823
- Emerick v. HarrisSupreme Court of Pennsylvania · 1808
- Commonwealth v. JolliffeSupreme Court of Pennsylvania · 1838
3Cited by14 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Gottschall v. CampbellSupreme Court of Pennsylvania · 1912
- Commonwealth v. JacksonSupreme Court of Pennsylvania · 1989
- Commonwealth v. RobinsonSupreme Court of Pennsylvania · 1934
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