Lutz v. Commonwealth
Supreme Court of Pennsylvania
Error to the Oyer and Terminer of Allegheny county. John Lutz was arraigned for the murder of Richard O’Leary, upon the following indictment: — ■ That John Lutz, late of the county aforesaid, yeoman, on the twenty-seventh day of June, in the year of our Lord one thousand eight hundred and fifty-six, at the county aforesaid, and within the jurisdiction of this court, with force and arms, in.and upon one Richard O’Leary, in the peace of God and the said Commonwealth then and…
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Error to the Oyer and Terminer of Allegheny county. John Lutz was arraigned for the murder of Richard O’Leary, upon the following indictment: — ■ That John Lutz, late of the county aforesaid, yeoman, on the twenty-seventh day of June, in the year of our Lord one thousand eight hundred and fifty-six, at the county aforesaid, and within the jurisdiction of this court, with force and arms, in.and upon one Richard O’Leary, in the peace of God and the said Commonwealth then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that he, the said John Lutz,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This indictment is not artistically expressed. Its grammatical construction is open to criticism, and it trenches hard on those rules of certainty which obtain in criminal pleading.
Still, we feel it to be our duty to sustain it, and this, we think, can be done without violence to either language or law.
A stroke with a knife, and a mortal wound, are well charged, but it is objected that the indictment does not aver that the death ensued as a consequence of that wound. O’Leary might have died, it is said, of other violence, or of a…
2Cited by6 opinions
- State v. KeerlMontana Supreme Court · 1904
- Commonwealth v. BergenSuperior Court of Pennsylvania · 1938
- State v. InlowUtah Supreme Court · 1914
- Commonwealth v. WhiteSuperior Court of Pennsylvania · 1904
- Commonwealth v. HowellsSuperior Court of Pennsylvania · 1901
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