Kane v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Philadelphia county : Of January Term 1885, No. 415. Indictment of James Kane for the killing of Andrew Kane.
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Error to the Court of Oyer and Terminer of Philadelphia county : Of January Term 1885, No. 415. Indictment of James Kane for the killing of Andrew Kane. The indictment contained two counts; the first in the usual form charged the crime of murder, the second, manslaughter; to the latter was appended an averment that James Kane had been indicted for murder at the September Sessions 1872, of the Court of Over and Terminer, Philadelphia county, convicted of manslaughter and sentenced to seven years and eleven months in the Penitentiary. On the trial, before Hare, P. J„ before any testimony was…
1Opinion of the Court
•Mr. Justice Gordon
delivered the opinion of the court,
This case was as well tried in the court as it could be ; the counsel for the defendant omitted nothing that he ought to have done, and the failure was not for the want of any skill or ability on his part, but because of the desperate character of the case. The joinder of the two counts of murder and manslaughter in the indictment was not the subject of successful objection, hence exception to it in the court below would have been to no purpose. Ordinarily such joinder is useless, as the jury may convict of manslaughter on the count for…
2Cited by10 opinions
- Commonwealth v. GardnerSupreme Court of Pennsylvania · 1925
- Commonwealth v. PayneSupreme Court of Pennsylvania · 1913
- Commonwealth v. FalgiatoreSuperior Court of Pennsylvania · 1949
- Commonwealth v. BoyerPhiladelphia County Court of Quarter Sessions · 1940
- Commonwealth v. CiccarelliAllegheny County Court of Quarter Sessions · 1941
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