Kelly v. Commonwealth
Supreme Court of Pennsylvania
Error, to the Court of Oyer and. Terminer of Allegheny county. James M. Kelly, John Richards and Daniel Denny, were jointly indicted in the Oyer and Terminer of Allegheny county, at the October Sessions of 1857, for the murder of Henry Weissman, on the 7th October, 1857. On application, the court granted a separate trial to the several prisoners.
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Error, to the Court of Oyer and. Terminer of Allegheny county. James M. Kelly, John Richards and Daniel Denny, were jointly indicted in the Oyer and Terminer of Allegheny county, at the October Sessions of 1857, for the murder of Henry Weissman, on the 7th October, 1857. On application, the court granted a separate trial to the several prisoners. Kelly was first tried, and convicted January 16, 1858, of murder in the first degree, and afterwards sentenced to be hanged; Richards was acquitted, and Denny found guilty of manslaughter. Kelly’s counsel having carried his case up by writ of error,…
1Opinion of the Court
The opinion of the court was delivered
by Thompson, J.
— The Commonwealth claimed a conviction on this indictment, for murder in the first degree, upon two grounds. First, that the killing was in an attempt to commit a rape qn the person of the daughter of the deceased. Secondly, that it was a wilful, deliberate, and premeditated killing.
The charge of the court is before us, under and by virtue of the provisions of the Act of Assembly of 1856, allowing writs of error in criminal cases, and is brought up on a bill of exceptions. The bill is sealed at the end of the charge, and although it sets…
2Cited by11 opinions
- State v. RobinsonWest Virginia Supreme Court · 1882
- Commonwealth v. MoonSuperior Court of Pennsylvania · 1942
- State v. GreenleafSupreme Court of New Hampshire · 1902
- Commonwealth v. OrrisSuperior Court of Pennsylvania · 1939
- Stabler v. CommonwealthSupreme Court of Pennsylvania · 1880
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