Legal Opinion

Commonwealth v. Fitzpatrick

Supreme Court of Pennsylvania

Decided October 1, 1888No. 294PublishedCited by 34 opinions

ERROR TO THE COURT OP OYER AND TERMINER OP LACKAWANNA COUNTY. No. 294 January Term 1888, Sup. Ct.; court below, No. 4 October Term 1886, O. & T. On September 28, 1886, the grand jury returned as a true bill an indictment of Peter Fitzpatrick, F. W. Fiedler, F. L. Ross, Bernard McCabe and John J. Keefe, charging them, in the first count, with the murder, and in a second count, with the voluntary manslaughter of James W. Baird on the night of August 31.1886. At the trial on…

Read the full summary

ERROR TO THE COURT OP OYER AND TERMINER OP LACKAWANNA COUNTY. No. 294 January Term 1888, Sup. Ct.; court below, No. 4 October Term 1886, O. & T. On September 28, 1886, the grand jury returned as a true bill an indictment of Peter Fitzpatrick, F. W. Fiedler, F. L. Ross, Bernard McCabe and John J. Keefe, charging them, in the first count, with the murder, and in a second count, with the voluntary manslaughter of James W. Baird on the night of August 31.1886. At the trial on January 31, 1887, the defendants were formally arraigned, and pleaded not guilty, when a jury were empaneled and sworn. At…

1Opinion of the Court

Opinion,

Mr. Justice Williams:

The defendants in error, who were defendants below, were indicted and put on trial for murder. At the conclusion of the evidence the questions involved were discussed by coznisel, and the jury after the charge of the court retired to deliberate upon their verdict. This was on the first day of February, 1887. On the fifth of the same month, which was Saturday and the last day of the regular term of the couz't, the jury not having agreed upon a verdict, was discharged by the court, notwithstanding the objection of the defendants. The learned judge of the Oyer and…

2Cases cited5 opinions

  1. Alexander v. CommonwealthSupreme Court of Pennsylvania · 1884
  2. Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
  3. Hilands v. CommonwealthSupreme Court of Pennsylvania · 1884
  4. Peiffer v. CommonwealthSupreme Court of Pennsylvania · 1851
  5. McFadden v. CommonwealthSupreme Court of Pennsylvania · 1853

3Cited by34 opinions

  1. Commonwealth v. AlmeidaSupreme Court of Pennsylvania · 1949
  2. Commonwealth v. BakerSupreme Court of Pennsylvania · 1964
  3. Commonwealth v. SimpsonSupreme Court of Pennsylvania · 1932
  4. State v. BrunnWashington Supreme Court · 1945
  5. Commonwealth v. WarfieldSupreme Court of Pennsylvania · 1967

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API