Commonwealth v. Sushinskie
Supreme Court of Pennsylvania
Appeal, No. 261, Jan. T., 1913, by defendant, from judgment of O. & T. Schuylkill Co., May T., 1913, No. 496, on verdict of guilty of murder of the first degree in case of Commonwealth v. John Sushinskie. Indictment for murder. Before Bechtel, P. J. From the record it appeared that two of the jurors challenged by the Commonwealth for cause and excused by the court, when examined on their voir dire, testified as follows: “M. J. Gilmartin, sworn.
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Appeal, No. 261, Jan. T., 1913, by defendant, from judgment of O. & T. Schuylkill Co., May T., 1913, No. 496, on verdict of guilty of murder of the first degree in case of Commonwealth v. John Sushinskie. Indictment for murder. Before Bechtel, P. J. From the record it appeared that two of the jurors challenged by the Commonwealth for cause and excused by the court, when examined on their voir dire, testified as follows: “M. J. Gilmartin, sworn. “Q. Have you any conscientious scruples against capital punishment? “A. Not if the evidence warrants, providing it is not circumstantial evidence; if…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Two of the jurors called in this case were challenged by the Commonwealth for cause. The first two complaints of the appellant are that the challenges were sustained. The first juror, when examined on his voir dire by counsel for the prisoner, stated that, though he had formed an opinion as to the guilt or innocence of the accused, he could and would render a verdict according to the evidence, if sworn as a juror in the case; but, in answer to a question Toy the court, before he was passed over to the Commonwealth, he said it would require strong evidence to change…
2Cases cited12 opinions
- Commonwealth v. EaganSupreme Court of Pennsylvania · 1899
- Commonwealth v. DanzSupreme Court of Pennsylvania · 1905
- Commonwealth v. CrossmireSupreme Court of Pennsylvania · 1893
- Commonwealth v. GeradeAllegheny County Court of Oyer and Terminer · 1891
- Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Commonwealth v. RobinsonSupreme Court of Pennsylvania · 2004
- Commonwealth v. McGrewSupreme Court of Pennsylvania · 1953
- Commonwealth v. IacobinoSupreme Court of Pennsylvania · 1935
- Commonwealth Ex Rel. Cummins v. PriceSupreme Court of Pennsylvania · 1966
- Commonwealth v. GelfiSupreme Court of Pennsylvania · 1925
27 more not listed; retrieve them via the Exa API.