Legal Opinion

Com. v. Schmous

Supreme Court of Pennsylvania

Decided July 11, 1894No. Appeal, No. 83PublishedCited by 13 opinions

Appeal, No. 83, Oct. T., 1894, by defendant, for judgment of O. & T. Allegheny Co., Sept. T., 1893, No. 11, on verdict of guilty of murder of the first degree. Indictment for murder. Before Slagle and Collier, JJ. On the trial the evidence tended to establish the following facts : Defendant’s wife and two children were found' dead in their house in the morning after a quarrel between defendant and his wife the evening before.

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Appeal, No. 83, Oct. T., 1894, by defendant, for judgment of O. & T. Allegheny Co., Sept. T., 1893, No. 11, on verdict of guilty of murder of the first degree. Indictment for murder. Before Slagle and Collier, JJ. On the trial the evidence tended to establish the following facts : Defendant’s wife and two children were found' dead in their house in the morning after a quarrel between defendant and his wife the evening before. All of those murdered had received several wounds upon the head, apparently inflicted with some heavy, blunt instrument. A fire had been started under the bed. When…

1Opinion of the Court

Opinion by

Mr. Chief Justice Stebbett,

We have not been furnished with any of the evidence adduced on the trial of this case, except the defendant’s own testimony. As therein given, his own version of what occurred on the night his wife and two children were killed points to the *335■conclusion that they were brutally murdered. The only serious question that arises thereon is whether he himself was the •guilty agent. It appears, however, from the opinion of the court, overruling the motion for a new trial, etc., that other facts and circumstances, testified to by other witnesses, were quite…

2Cases cited1 opinion

  1. Commonwealth v. BuccieriSupreme Court of Pennsylvania · 1893

3Cited by13 opinions

  1. Commonwealth v. PatrickSupreme Court of Pennsylvania · 1965
  2. Commonwealth v. ScovernSupreme Court of Pennsylvania · 1927
  3. Commonwealth v. MartinSupreme Court of Pennsylvania · 1954
  4. Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1948
  5. Commonwealth ex rel. Ryan v. BanmillerSupreme Court of Pennsylvania · 1960

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