Legal Opinion

Lane v. Commonwealth

Supreme Court of Pennsylvania

Decided November 4, 1868PublishedCited by 24 opinions

Error to the Court of Oyer and Terminer of Allegheny county. Lewis Lane was indicted for the murder of his wife, Henrietta Lane. The indictment was tried June 17th 1868, before Sterrett, P. J., and Stowe, J. The Commonwealth gave evidence that the deceased died by means of poison, and that it had been administered to her by the prisoner. The jury was charged by Stowe, J., who, amongst other things, said to the jury: “ The life or death of this man is in your hands.

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Error to the Court of Oyer and Terminer of Allegheny county. Lewis Lane was indicted for the murder of his wife, Henrietta Lane. The indictment was tried June 17th 1868, before Sterrett, P. J., and Stowe, J. The Commonwealth gave evidence that the deceased died by means of poison, and that it had been administered to her by the prisoner. The jury was charged by Stowe, J., who, amongst other things, said to the jury: “ The life or death of this man is in your hands. There is no middle course. If he is guilty of murder, he must be convicted of murder in the first degree or acquitted of…

1Opinion of the Court

The opinion of the court was delivered, November 18th 1869, by

Thompson, C. J.

The prisoner, Lewis Lane, was charged and tried at the June Term of the Court of Oyer and Terminer of Allegheny county, for the murder of his wife, by administering poison to her; and the question now for our consideration is whether the court below erred in the portions of the charge to the jury excepted to and assigned for error, which are as follows:—

*373“ First — The life or death of this man is in your hands; there is no middle course; he must he convicted of murder of the first degree, or acquitted of everything;”
“…

2Cases cited1 opinion

  1. White v. CommonwealthSupreme Court of Pennsylvania · 1813

3Cited by24 opinions

  1. Commonwealth v. JonesSupreme Court of Pennsylvania · 1974
  2. Commonwealth v. CollinsSupreme Court of Pennsylvania · 1969
  3. Commonwealth v. StelmaSupreme Court of Pennsylvania · 1937
  4. Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Commonwealth v. GibbsSupreme Court of Pennsylvania · 1950

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