Foust v. Commonwealth
Supreme Court of Pennsylvania
Error, to tbe Oyer and Terminer of Erie county. The plaintiff in error, Jacob Foust, was indicted in the court ' below, for murder; and tried on the 9th February 1859, at a court of Oyer and Terminer held by the Hon. David Derrickson, ■the additional law judge of the sixth judicial district, and the two associate judges of Erie county.
Read the full summary
Error, to tbe Oyer and Terminer of Erie county. The plaintiff in error, Jacob Foust, was indicted in the court ' below, for murder; and tried on the 9th February 1859, at a court of Oyer and Terminer held by the Hon. David Derrickson, ■the additional law judge of the sixth judicial district, and the two associate judges of Erie county. When the case was called for trial, the counsel for the prisoner •moved the court to quash the array of jurors, on the ground that but forty-eight persons had been summoned, one of whom was disqualified, being an unnaturalized alien. The court below overruled…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
John Galbraith is the president judge of the sixth judicial district, consisting of the counties of Erie, Warren, and Crawford, duly elected and commissioned.
On the 17th of April 1856 (Purd. 1165), the legislature authorized the people of that judicial district to elect an “ additional judge” with the same qualifications and powers, for the same tenure, and subject to the same duties as the president judge.
Judge Derrickson was elected and commissioned as the “ additional judge” under this act; and before him and the associate judges of Erie…
2Cases cited1 opinion
- Commonwealth v. ZephonSupreme Court of Pennsylvania · 1845
3Cited by9 opinions
- Commonwealth v. PayneSupreme Court of Pennsylvania · 1903
- Morgan v. ReelSupreme Court of Pennsylvania · 1905
- Commonwealth v. NyeSupreme Court of Pennsylvania · 1913
- Commonwealth v. BellSuperior Court of Pennsylvania · 1897
- Showers v. CommonwealthSupreme Court of Pennsylvania · 1888
4 more not listed; retrieve them via the Exa API.