Commonwealth v. Preston
Supreme Court of Pennsylvania
Appeal, No. 336, Jan. T., 1898, by defendant, from judgment of O. & T. Chester Co., April T., 1898, on verdict of guilty of murder of the first degree. Sentence set aside and record remitted. Indictment for murder. Before Hemphill, P. J. From' the record it appeared that the prisoner was indicted for murdering his wife, Ella Preston. Insanity was set. up as a defense.
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Appeal, No. 336, Jan. T., 1898, by defendant, from judgment of O. & T. Chester Co., April T., 1898, on verdict of guilty of murder of the first degree. Sentence set aside and record remitted. Indictment for murder. Before Hemphill, P. J. From' the record it appeared that the prisoner was indicted for murdering his wife, Ella Preston. Insanity was set. up as a defense. On this subject Thomas Underwood, called, by the commonwealth, testified as follows : “ Q. Where do you reside ? A. Penn township. Q. Are you acquainted with Jonas Preston, Jr.? A. Yes, sir. Q. How long have you known him ? A.…
1Opinion of the Court
Opinion bv
Mk. Justice Fell,
The assignments of error which relate to the charge of the court are without, merit. No undue prominence was given, as alleged, to the evidence for the commonwealth, and that in favor of the prisoner was fully and fairly presented. It was left to the jury to determine the mental condition of the prisoner at the time he committed the crime, from the proof of his mental condition immediately before and immediately after. No safer guide than this could have been given them. There was no evidence that his conduct had been violent or that it had been such as to indicate…
2Cases cited5 opinions
- Jewell v. CommonwealthSupreme Court of Pennsylvania · 1853
- McCue v. CommonwealthSupreme Court of Pennsylvania · 1875
- Dougherty v. CommonwealthSupreme Court of Pennsylvania · 1872
- Dunn v. CommonwealthSupreme Court of Pennsylvania · 1847
- Hamilton v. CommonwealthSupreme Court of Pennsylvania · 1851
3Cited by8 opinions
- Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
- Commonwealth v. WeissSupreme Court of Pennsylvania · 1925
- Commonwealth v. GatesSupreme Court of Pennsylvania · 1968
- Commonwealth v. TauzaSupreme Court of Pennsylvania · 1930
- Commonwealth Ex Rel. Ashmon v. BanmillerSupreme Court of Pennsylvania · 1958
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