Legal Opinion

Commonwealth v. Merrick

Superior Court of Pennsylvania

Decided March 7, 1917No. Appeal, No. 52PublishedCited by 25 opinions

Appeal, No. 52, April T., 1917, by defendant, from judgment of Q. S. Allegheny Co., May T., 1916, No. 401, on verdict of guilty in case of Commomvealtk v. Fred M. Merrick et al. Indictment for riot and inciting to riot. Before Prather, P. J., specially presiding, Cohen, J., presiding during examination of jurors on voir dire. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment was passed.

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Appeal, No. 52, April T., 1917, by defendant, from judgment of Q. S. Allegheny Co., May T., 1916, No. 401, on verdict of guilty in case of Commomvealtk v. Fred M. Merrick et al. Indictment for riot and inciting to riot. Before Prather, P. J., specially presiding, Cohen, J., presiding during examination of jurors on voir dire. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment was passed. Errors assigned were in sustaining the objection of the Commonwealth to questions asked jurors on their voir dire, various rulings on evidence, and instructions.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The appellants, Avith 19 others, were indicted in the Court of Quarter Sessions of Allegheny County, on a presentment by the grand jury and district attorney’s *484bill, to No. 401, May Session, 1916, charged with inciting to riot, riot, etc. The trial began May 26th, and ended on June 3, 1916; the jury returned a yerdict of guilty against Fred. H. Merrick, on the count charging, inciting to riot, and of guilty of riot against Merrick and fourteen others, — and not guilty, as to fourteen of the others named in the indictment. Separate appeals were taken by these…

2Cases cited2 opinions

  1. Commonwealth v. SushinskieSupreme Court of Pennsylvania · 1913
  2. Lycoming Fire Insurance v. SchwenkSupreme Court of Pennsylvania · 1880

3Cited by25 opinions

  1. Heard v. RizzoDistrict Court, E.D. Pennsylvania · 1968
  2. Commonwealth v. HayesSuperior Court of Pennsylvania · 1965
  3. Commonwealth v. ApricenoSuperior Court of Pennsylvania · 1938
  4. Commonwealth v. WagamanSuperior Court of Pennsylvania · 1993
  5. Commonwealth v. SafisSuperior Court of Pennsylvania · 1936

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