O'Mara v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Susquehanna county : No. 291, to January Term 1874. At the January Term 1874, of the court below, Daniel O’Mara and Patrick Irving were indicted for the murder of Mary O’Mara. The defendants pleaded “Not Guilty.” The trial commenced January 13th 1874, before Streeter, P. J., and Cook and Chapman, his associates, who were not learned in the law. In impannelling the jury, Hugh N. Tingley was called as a juror.
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Error to the Court of Oyer and Terminer of Susquehanna county : No. 291, to January Term 1874. At the January Term 1874, of the court below, Daniel O’Mara and Patrick Irving were indicted for the murder of Mary O’Mara. The defendants pleaded “Not Guilty.” The trial commenced January 13th 1874, before Streeter, P. J., and Cook and Chapman, his associates, who were not learned in the law. In impannelling the jury, Hugh N. Tingley was called as a juror. He said: “Read accounts of this matter in papers; heard it talked about some. I have formed an opinion I think, from what I have read. That…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Agnew, C. J.
It is unnecessary to discuss in this case more than a few of the twelve assignments of error. Of the three relating to the challenges of the jurors, that of H. N. Tingley for cause, raises the only serious question, and this we think is disposed of, against the prisoners, by the principles ruled in the case of Staup v. The Commonwealth, at the last term in Pittsburgh (24 P. F. Smith 458). It was there said that the opinion which should exclude a juror, must be one of a fixed and determined character, deliberately formed and…
2Cases cited1 opinion
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
3Cited by12 opinions
- United States v. George Keith WilliamsCourt of Appeals for the Fifth Circuit · 1978
- Commonwealth v. WuchererSupreme Court of Pennsylvania · 1944
- Commonwealth v. CrossmireSupreme Court of Pennsylvania · 1893
- Commonwealth v. Van HornSupreme Court of Pennsylvania · 1898
- People v. GenoveseNew York Court of Appeals · 1962
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