Commonwealth v. Sutton
Superior Court of Pennsylvania
Appeal, No. 264, Oct. T., 1911, by defendant, from judgment of O. & T. Pbila. Co., Nov. Sessions, 1911, No. 82, on verdict of guilty in case of Commonwealth v. George W. Sutton. Indictment for assault and battery, etc. Before AudenRIED, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment of guilty, upon which sentence was passed.
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Appeal, No. 264, Oct. T., 1911, by defendant, from judgment of O. & T. Pbila. Co., Nov. Sessions, 1911, No. 82, on verdict of guilty in case of Commonwealth v. George W. Sutton. Indictment for assault and battery, etc. Before AudenRIED, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment of guilty, upon which sentence was passed. Errors assigned appear by the opinion of the Superior Court. — Defendant’s acts were justified if he struck “under apprehension of bodily harm or had a reasonable belief of danger founded on the manner, gesture and appearance” of his…
1Opinion of the Court
Opinion by
Porter, J.,
The defendant was tried upon an indictment containing three counts; the first charging assault and battery; the second assault and battery and the malicious infliction of grievous bodily harm; and the third felonious assault and battery, with intent to kill and murder. The trial resulted in a verdict of guilty upon the first and second counts of the indictment, and not guilty upon the third. The court imposed sentence under the conviction upon the first two counts of the indictment, and the defendant appeals.
The first four specifications of error relate to the admission…
2Cases cited1 opinion
- Commonwealth v. IeradiSupreme Court of Pennsylvania · 1906
3Cited by5 opinions
- Commonwealth v. JonesSuperior Court of Pennsylvania · 1974
- Commonwealth v. PresognaSuperior Court of Pennsylvania · 1972
- Blumenthal v. GreenSuperior Court of Pennsylvania · 1913
- Commonwealth v. SaccoSuperior Court of Pennsylvania · 1929
- Commonwealth v. Harris, Pennsylvania Court of Common Pleas, Philadelphia County1970