Legal Opinion

Commonwealth v. Chathams

Supreme Court of Pennsylvania

Decided June 29, 1865PublishedCited by 16 opinions

Certiorari to the Quarter Sessions of Juniata county. At February Sessions 1864, Samuel Chathams was indicted for the larceny of sundry articles of personal property, under the 108th section of the Revised Criminal Code.

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Certiorari to the Quarter Sessions of Juniata county. At February Sessions 1864, Samuel Chathams was indicted for the larceny of sundry articles of personal property, under the 108th section of the Revised Criminal Code. On the trial the jurors returned the following special verdict:— “ We, the jurors impannelled in this case, find the following facts: On the 27th February 1861, Thomas P. Cochran obtained a judgment on a judgment-note, in the Court of Common Pleas of Perry county, against Samuel Chathams, the defendant, for $953.84, on which a fi. fa. issued, and a levy was made on…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

The jury have a right, in all cases whatsoever, whether capital,or otherwise, to find a special verdict, by which the facts of the case are put on the record, and the law is submitted to the judges. It is sufficient if the jury find all the substantial requisites of the charge, without following the technical language used in the indictment, and it does not seem necessary that the jury, after stating the facts, should draw any legal conclusion. Chitty’s Crim. Law 642, 644, 645.

The question therefore on the present special verdict is, whether…

2Cited by16 opinions

  1. Lacey v. StateAlabama Court of Appeals · 1915
  2. Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
  3. Commonwealth v. EichelbergerSupreme Court of Pennsylvania · 1888
  4. Carson v. FuhsSupreme Court of Pennsylvania · 1890
  5. Commonwealth v. Tluchak Et Ux.Superior Court of Pennsylvania · 1949

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