Ortwein v. Commonwealth
Supreme Court of Pennsylvania
Error to tbe Court of Oyer and Terminer of Allegheny county: Of October and November Term 1874, No. 210. Ernest Ortwein alias Mentzger was indicted for murder at tbe June Term 1874, of tbe Court of Oyer and Terminer of Allegheny county. On the 16th of June 1874, bis trial commenced before Sterrett, P. J., and Stowe, J., of tbe Court of Common Pleas of Allegheny county.
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Error to tbe Court of Oyer and Terminer of Allegheny county: Of October and November Term 1874, No. 210. Ernest Ortwein alias Mentzger was indicted for murder at tbe June Term 1874, of tbe Court of Oyer and Terminer of Allegheny county. On the 16th of June 1874, bis trial commenced before Sterrett, P. J., and Stowe, J., of tbe Court of Common Pleas of Allegheny county. In impannelling tbe jurors tbe prisoner challenged a number of tbe jurors for cause; they were severally examined on their voir dire, as to whether they bad formed or expressed an opinion as to tbe guilt or innocence of tbe…
1Opinion of the CourtChief Justice Agnew
The chief question in this case arises under the fifth point of the prisoner, which was negatived by the court below. It is this:—
5. If the jury have a reasonable doubt of the sanity of the prisoner at the time of the killing, they cannot convict.
The industry of the able counsel of the prisoner has collected and classified many cases on this point. While we think their weight accords with our own conclusions, we cannot help perceiving, in their number and variety, that the decision of the question should rest rather on a sound basis of principle than' on the conclusions of other courts. In…
2Cited by25 opinions
- Commonwealth v. ColandroSupreme Court of Pennsylvania · 1911
- Commonwealth v. WinebrennerSupreme Court of Pennsylvania · 1970
- Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1908
- State v. McDonaldWashington Supreme Court · 1977
- Commonwealth v. CavalierSupreme Court of Pennsylvania · 1925
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