Commonwealth v. O'Brien
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS EROM THE COURT OE QUARTER SESSIONS OE SCHUYLKILL COUNTY. No. 117 July Term 1890, Sup. Ct.; court below, No. 722 November Term 1889, Q. S. On September 6, 1889, the grand jury returned as a true bill an indictment charging James O’Brien, Martin Eoley and Patrick Gallagher with conspiracy to cheat and defraud the Prudential Insurance Company of America, a New Jersey corporation, out of tbe sum of one thousand dollars, the amount of a certain policy of…
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APPEAL BY DEFENDANTS EROM THE COURT OE QUARTER SESSIONS OE SCHUYLKILL COUNTY. No. 117 July Term 1890, Sup. Ct.; court below, No. 722 November Term 1889, Q. S. On September 6, 1889, the grand jury returned as a true bill an indictment charging James O’Brien, Martin Eoley and Patrick Gallagher with conspiracy to cheat and defraud the Prudential Insurance Company of America, a New Jersey corporation, out of tbe sum of one thousand dollars, the amount of a certain policy of insurance on the life of Charles O’Brien. Issue. The cause was called for trial on November 23, 1889, when twelve jurors…
1Per curiam
The right of the commonwealth to stand aside a juror, is no longer an open question. Nor is the right confined to trials for felonies, but may be exercised in cases of misdemeanors. And it applies as well to jurors brought into court on a special venire, as to those on the regular panel: Haines v. Commonwealth, 100 Pa. 317; Smith v. Commonwealth, 100 Pa. 324; Rudy v. Commonwealth, 128 Pa. 500. Nor was the rule changed by the thirty-seventh section of the criminal procedure act of 1860, which allows peremptory challenges to the commonwealth: Warren v. Commonwealth, 37 Pa. 45. We need not…
2Cases cited4 opinions
- Rudy v. CommonwealthLancaster County Court of Oyer and Terminer · 1889
- Warren v. CommonwealthSupreme Court of Pennsylvania · 1861
- Haines v. CommonwealthSupreme Court of Pennsylvania · 1882
- Smith v. CommonwealthSupreme Court of Pennsylvania · 1882
3Cited by5 opinions
- Commonwealth v. KaySuperior Court of Pennsylvania · 1900
- Commonwealth v. ZuernSuperior Court of Pennsylvania · 1901
- Commonwealth v. LlewellynSuperior Court of Pennsylvania · 1900
- Commonwealth v. SnyderSuperior Court of Pennsylvania · 1909
- Commonwealth v. BardolphSuperior Court of Pennsylvania · 1936