McFadden v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of the county of Philadelphia. A bill of indictment for murder was found against James McFadden, on 1st December, 1851. On 19th January, 1852, the plea of not guilty being entered, the case was proceeded with.
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Error to the Court of Oyer and Terminer of the county of Philadelphia. A bill of indictment for murder was found against James McFadden, on 1st December, 1851. On 19th January, 1852, the plea of not guilty being entered, the case was proceeded with. Each juror, on being called, was challenged for cause, by the Commonwealth; was examined upon oath or affirmation, sur voir dire; and, according to Ms answer, he was either set aside for the cause shown, or, the challenge being withdrawn or overruled, he was submitted to the prisoner, for either choice or peremptory challenge. Some jurors were…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
The defendant was indicted for murder, and, *15being found guilty of murder of the second degree, was sentenced to undergo an imprisonment in the Eastern Penitentiary.
On the trial in the Court of Oyer and Terminer, the prisoner pleaded that he had once before been in jeopardy of life for the same supposed offence, and that he had been acquitted. He set ■forth in his several pleas the particular facts as follows: — He had been arraigned before the same Court, on the same indictment, at a previous term, and pleaded not guilty. A jury was…
2Cases cited1 opinion
- Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
3Cited by14 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- Commonwealth v. SimpsonSupreme Court of Pennsylvania · 1932
- Commonwealth v. FitzpatrickSupreme Court of Pennsylvania · 1888
- Commonwealth v. RobinsonSupreme Court of Pennsylvania · 1934
- Commonwealth v. CurrySupreme Court of Pennsylvania · 1926
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