Legal Opinion

Commonwealth v. Shrope

Supreme Court of Pennsylvania

Decided March 24, 1919No. Appeal, No. 258PublishedCited by 14 opinions

Appeal, No. 258, Jan. T., 1919, by defendant, from judgment of O. & T. Northampton Co., April T., 1918, No. 72, finding defendant guilty of murder in the first degree on plea of non vult contendere in case of Commonwealth v. Charles M. Shrope. Indictment for murder. Before Stewart, P. J. At the trial the court accepted a plea of non vult contendere, and after the examination of witnesses, fixed the degree as of murder in the first degree, and passed sentence thereon.

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Appeal, No. 258, Jan. T., 1919, by defendant, from judgment of O. & T. Northampton Co., April T., 1918, No. 72, finding defendant guilty of murder in the first degree on plea of non vult contendere in case of Commonwealth v. Charles M. Shrope. Indictment for murder. Before Stewart, P. J. At the trial the court accepted a plea of non vult contendere, and after the examination of witnesses, fixed the degree as of murder in the first degree, and passed sentence thereon. Defendant appealed. Error assigned was the judgment of the court.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The appellant was under indictment in the Oyer and Terminer Court of Northampton County charging him with the crime of murder. Upon being arraigned he pleaded non vult contendere. This plea was accepted by the court on the assumption that it was the equivalent of a plea of guilty, and the court thereupon proceeded by examination of witnesses to determine the degree of guilt. At the conclusion of the examination, in open court, the defendant and his counsel being present, the court adjudged and determined that the degree of defendant’s guilt, “convicted by his own…

2Cases cited3 opinions

  1. Commonwealth v. HolstineSupreme Court of Pennsylvania · 1890
  2. Buck v. CommonwealthSupreme Court of Pennsylvania · 1884
  3. Commonwealth ex rel. District Attorney v. JacksonSupreme Court of Pennsylvania · 1915

3Cited by14 opinions

  1. State Ex Rel. Clark v. AdamsWest Virginia Supreme Court · 1959
  2. Commonwealth v. LoomisSupreme Court of Pennsylvania · 1921
  3. Commonwealth v. BienkowskiSuperior Court of Pennsylvania · 1939
  4. Teslovich Et Ux. v. Fire. F. Ins. Co.Superior Court of Pennsylvania · 1933
  5. Schad v. McNinchWest Virginia Supreme Court · 1927

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