Legal Opinion

Commonwealth v. Davis

Supreme Court of Pennsylvania

Decided January 12, 1920No. Appeal, No. 73PublishedCited by 11 opinions

Appeal, No. 73, Oct. T., 1919, by defendant, from judgment of O. & T. Allegheny Co., March T., 1918, No. 33, on verdict of guilty of murder of the first degree in case of Commonwealth v. James Davis. Indictment for murder. Before Bell, P. J., specially presiding. Verdict of guilty of murder of the first degree upon which judgment of sentence was passed. Defendant appealed. Errors assigned (1, 2) are set forth in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Defendant appeals from a conviction of murder of the first degree. There are but two assignments of error; the first is to the action of the court below in sustaining a demurrer filed by the Commonwealth to a plea of former jeopardy interposed by defendant. This assignment was not pressed at the argument and is not included in the statement of questions involved, consequently is not properly before this court. The question rhised, however, will be considered.

The case was first called for trial November 18, 1918, a jury impaneled and sworn, and, at the conclusion…

2Cases cited1 opinion

  1. Commonwealth v. FitzpatrickSupreme Court of Pennsylvania · 1888

3Cited by11 opinions

  1. Commonwealth v. RobsonSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. AlmeidaSupreme Court of Pennsylvania · 1949
  3. Commonwealth v. BakerSupreme Court of Pennsylvania · 1964
  4. Commonwealth Ex Rel. Montgomery v. MyersSupreme Court of Pennsylvania · 1966
  5. Commonwealth v. JonesSupreme Court of Pennsylvania · 1921

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