Legal Opinion

Commonwealth v. Kaiser

Supreme Court of Pennsylvania

Decided February 7, 1898No. Appeal, No. 285PublishedCited by 45 opinions

Appeal, No. 285, Jan. T., 1898, by defendant, from judgment of O. & T. Montgomery Co., on verdict of guilty of murder in the first degree. Indictment for murder. Before Swartz, P. J. From the record it appeared that the prisoner was indicted for the murder of his wife, Emma P. Kaiser. The indictment was as follows : 11 In the Court of Oyer and Terminer and General Jail Delivery in and for the County of Montgomery.

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Appeal, No. 285, Jan. T., 1898, by defendant, from judgment of O. & T. Montgomery Co., on verdict of guilty of murder in the first degree. Indictment for murder. Before Swartz, P. J. From the record it appeared that the prisoner was indicted for the murder of his wife, Emma P. Kaiser. The indictment was as follows : 11 In the Court of Oyer and Terminer and General Jail Delivery in and for the County of Montgomery. December Term, 1896. “Montgomery Countt, ss.- “ The grand inquest of the commonwealth of Pennsylvania, inquiring for the county of Montgomery upon their respective oaths and…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The record in this ease presents twenty-nine assignments of error, occupying thirty-six printed pages, but they may be considered in three groups, and without being rehearsed in detail. All of them are without merit, technical or substantial, in law or in fact.

The first five are to the alleged failure of the commonwealth to prove the commission of the murder in the county of Montgomery, and the refusal of the court to arrest judgment on that ground. It is not worth while to discuss the effect of a failure of the record to show a finding by the jury on the…

2Cases cited1 opinion

  1. Commonwealth v. JongrassSupreme Court of Pennsylvania · 1897

3Cited by45 opinions

  1. Commonwealth v. ColandroSupreme Court of Pennsylvania · 1911
  2. Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
  3. Commonwealth Ex Rel. Chatary v. NailonSupreme Court of Pennsylvania · 1965
  4. Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
  5. Commonwealth v. LawrenceSupreme Court of Pennsylvania · 1924

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