Legal Opinion

Commonwealth v. Silcox

Supreme Court of Pennsylvania

Decided May 14, 1894No. Appeal, No. 164PublishedCited by 27 opinions

Appeal, No. 164, Jan. T., 1894, by-defendant, William Silcox, from judgment of O. & T. Mon-tour Co., on verdict of guilty of manslaughter. Indictment for murder. Before Ikeler, P. J. At the trial it appeared that, on May 4, 1"893, the prisoner shot Franklin Gallagher in the leg, and that five days after-wards Gallagher died from the wound.

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Appeal, No. 164, Jan. T., 1894, by-defendant, William Silcox, from judgment of O. & T. Mon-tour Co., on verdict of guilty of manslaughter. Indictment for murder. Before Ikeler, P. J. At the trial it appeared that, on May 4, 1"893, the prisoner shot Franklin Gallagher in the leg, and that five days after-wards Gallagher died from the wound. At the time of the shooting'it appeared that both the deceased and the prisoner had been drinking, and evidence for the prisoner tended to show that they were close friends. When Thomas MacafEery, á witness for the Commonwealth, was on the stand, he was…

1Opinion of the Court

Opinion .by

Mr. Justice McCollum,

We have carefully read and considered the evidence in the case, the instructions to the jury, the several specifications of error, the argument of the learned counsel for the appellant and the reply of the learned district attorney. All the specifications except the first and twelfth allege error in the instructions. The first specification complains that the record prior to the amendment of February 17,1894, did not show the presence of the defendant at every stage of the proceedings which resulted in his conviction. That he was present during the trial and…

2Cases cited2 opinions

  1. Brown v. CommonwealthSupreme Court of Pennsylvania · 1875
  2. Dougherty v. CommonwealthSupreme Court of Pennsylvania · 1872

3Cited by27 opinions

  1. Commonwealth. v. HossSupreme Court of Pennsylvania · 1971
  2. Commonwealth v. GardnerSupreme Court of Pennsylvania · 1925
  3. Commonwealth v. BorrinSupreme Court of Pennsylvania · 2013
  4. Commonwealth v. BartellSuperior Court of Pennsylvania · 1957
  5. Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1943

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