Legal Opinion

Carpenter's Estate

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal, No. 51PublishedCited by 61 opinions

Appeal, No. 51, July T., 1895, by A. M. Carpenter, from decree of O. C. Juniata Co., confirming report of auditor. Exceptions to auditor’s report.

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Appeal, No. 51, July T., 1895, by A. M. Carpenter, from decree of O. C. Juniata Co., confirming report of auditor. Exceptions to auditor’s report. The facts of the case as agreed upon by the parties in interest, and found by the auditor, George J. Parker, Esq., were as follows: “James Carpenter died intestate on December 10,1893, and left to survive him a widow, Hetty Carpenter, and one child, James B. Carpenter, and A. M. Carpenter and S. L. Carpenter, brothers, and Margaret Losh, Martha Kneiper and Balinda Sellers, sisters, and a deceased sister, Amanda Moorhouse, who died intestate, and…

1Opinion of the Court

Opinion by

Mr. Justice Green,

The penalty for murder in the first degree in Pennsylvania is death by hanging. No confiscation of lands or goods, and no deprivation of the inheritable quality of blood, constitutes any part of the penalty of this offense. The Declaration of Rights, article 1, sec. 18, of the constitution of the state declares that “ no person shall be attainted of treason or felony by the legislature,” and by section 19 it is provided that, “ No attainder shall work corruption of blood nor, except during the life of the offender, forfeiture of estate to the commonwealth. The…

2Cases cited4 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  3. Owens v. . OwensSupreme Court of North Carolina · 1888
  4. Shellenberger v. RansomNebraska Supreme Court · 1891

3Cited by61 opinions

  1. Tarlo's EstateSupreme Court of Pennsylvania · 1933
  2. Bryant v. . BryantSupreme Court of North Carolina · 1927
  3. Minkin v. MinkinSupreme Court of Pennsylvania · 1938
  4. Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
  5. McAllister v. FairSupreme Court of Kansas · 1906

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