Legal Opinion

Commonwealth v. Tompkins

Supreme Court of Pennsylvania

Decided May 26, 1920No. Appeal, No. 84PublishedCited by 7 opinions

Appeal, No. 84, Oct. T., 1920, by defendant, from judgment of O. C. Cambria Co., Sept. T., 1917, No. 7, on verdict of guilty of murder of the first degree, in case of Commonwealth v. George Tompkins. Indictment for murder. Before O’Connor, P. J. Verdict of guilty of murder of the first degree upon which judgment of sentence was passed. Defendant appealed. Errors assigned were, among others, (2) (3) portions of charge quoted in part in opinion of Supreme Court.

1Opinion of the Court

Opinion by

Mr. Chief Justice Brown,

The appellant was found guilty of murder of the first degree, and judgment of death followed, The sole and *543unavailing defense made for him on his trial was insanity, and the jury were correctly instructed that, if they found, from a fair preponderance of the testimony offered in support of it, that the prisoner had not consciously committed the crime charged against him, he should be acquitted on the ground of insanity; but, under a misconception of the law, they were, in effect, instructed that, if he was sane at the time of the commission of the offense,…

2Cases cited5 opinions

  1. Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
  2. Commonwealth v. GreeneSupreme Court of Pennsylvania · 1909
  3. Murray v. CommonwealthSupreme Court of Pennsylvania · 1875
  4. Commonwealth v. MikaSupreme Court of Pennsylvania · 1895
  5. Commonwealth v. TompkinsSupreme Court of Pennsylvania · 1919

3Cited by7 opinions

  1. Commonwealth v. Samuel JonesSupreme Court of Pennsylvania · 1946
  2. Commonwealth v. IacobinoSupreme Court of Pennsylvania · 1935
  3. Commonwealth v. KluskaSupreme Court of Pennsylvania · 1938
  4. Commonwealth v. ChapmanSupreme Court of Pennsylvania · 1948
  5. Bosworth's EstateSupreme Court of Pennsylvania · 1940

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