Commonwealth v. Sutton
Supreme Court of Pennsylvania
Appeal, No. 46, Jan. T., 1903, by defendant, from judgment and sentence of O. & T. Phila. Co., March Sessions, 1902, No. 514, on verdict of guilty of murder of the first degree, in case of Commonwealth v. George W. Sutton. Indictment for murder. Before Ralston, J. Verdict of guilty of murder of the first degree upon which sentence of death was pronounced. The facts and the material errors assigned sufficiently appear by the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The only specifications of error that need be noticed are those that relate to the failure of the court to define manslaughter, and to instruct the jury in relation thereto. By the fourth point the court was asked to charge: “ Manslaughter is the unlawful and felonious killing of another without malice, either express or implied. Manslaughter differs from murder in this, that although the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice either express or implied, which is the very essence of murder, is presumed…
2Cases cited9 opinions
- Shaffner v. CommonwealthSupreme Court of Pennsylvania · 1872
- Commonwealth v. BuccieriSupreme Court of Pennsylvania · 1893
- Commonwealth v. CrossmireSupreme Court of Pennsylvania · 1893
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1874
- McMeen v. CommonwealthSupreme Court of Pennsylvania · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1974
- Commonwealth v. EnglandSupreme Court of Pennsylvania · 1977
- Commonwealth v. SparduteSupreme Court of Pennsylvania · 1923
- Commonwealth v. CainSupreme Court of Pennsylvania · 1977
- Commonwealth v. StelmaSupreme Court of Pennsylvania · 1937
22 more not listed; retrieve them via the Exa API.