Commonwealth v. Cleary
Supreme Court of Pennsylvania
Appeal, No. 103, Jan. T., 1892, by defendant, Charles Cleary, from judgment of O. & T., Clinton Co., May T., 1889, No. 1, on verdict of murder in the first degree. Indictment for murder.
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Appeal, No. 103, Jan. T., 1892, by defendant, Charles Cleary, from judgment of O. & T., Clinton Co., May T., 1889, No. 1, on verdict of murder in the first degree. Indictment for murder. A prior conviction of murder in the first degree having been reversed by the Supreme Court: Commonwealth v. Cleary, 135 Pa. 64; defendant was put on trial before Mayee, P. J. W. Monroe, one of the panel, was called and examined on his voir dire as follows: By the Clerk: Juror, look upon the prisoner, prisoner look upon the juror; challenged or not challenged? Sworn and examined on his voir dire. “Mr.…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The first specification alleges that the court below erred in dismissing W. Monroe, when called as a juror. When the juror was asked the usual question, whether he had formed or expressed an opinion as to the guilt or innocence of the defend*36ant, his reply was, “ well, yes, I signed that petition,” whereupon the learned judge below, without any further questions being asked the juror, directed another juror to be called. To understand this question properly, it is necessary to state that the prisoner had been tried at a previous term of the court, and…
2Cases cited2 opinions
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1873
- Commonwealth v. AllenSupreme Court of Pennsylvania · 1890
3Cited by27 opinions
- Commonwealth v. YountSupreme Court of Pennsylvania · 1974
- Commonwealth v. ScottSupreme Court of Pennsylvania · 1981
- Commonwealth v. WoodSuperior Court of Pennsylvania · 1994
- Commonwealth v. KarmendiSupreme Court of Pennsylvania · 1937
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
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