Legal Opinion

Commonwealth v. McCue

Superior Court of Pennsylvania

Decided April 17, 1911No. Appeal, No. 32PublishedCited by 5 opinions

Appeal, No. 32, March T., 1911, by defendant, from judgment of Q. S. Luzerne Co.; Sept. T., 1910, No. 451, on verdict of guilty in case of Commonwealth v. Thomas McCue. Indictment for perjury. Before Fuller, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which the prisoner was sentenced to pay a fine of $100, and undergo imprisonment in the penitentiary for not less than one year, nor more than seven years.

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Appeal, No. 32, March T., 1911, by defendant, from judgment of Q. S. Luzerne Co.; Sept. T., 1910, No. 451, on verdict of guilty in case of Commonwealth v. Thomas McCue. Indictment for perjury. Before Fuller, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which the prisoner was sentenced to pay a fine of $100, and undergo imprisonment in the penitentiary for not less than one year, nor more than seven years. Error assigned was in refusing binding instructions for the prisoner.

1Opinion of the Court

Opinion by

Porter, J.,

The appellant was tried and convicted in the court be*418low upon an indictment charging him with perjury, founded upon an affidavit which it was alleged he had made before the election board of the election district of South Wilkes-Barre township. One James Burke offered himself as a voter at the election in question, stating that his name was Thomas Miles, and as his name did not appear upon the register list he was informed by the election officers that he would have to make an affidavit and that an affidavit would be required, also, by a qualified voter of the election…

2Cases cited7 opinions

  1. The People v. . CookNew York Court of Appeals · 1853
  2. Reinhart v. MillerSupreme Court of Georgia · 1857
  3. State v. . GlissonSupreme Court of North Carolina · 1885
  4. Oaks v. RodgersCalifornia Supreme Court · 1874
  5. Commonwealth v. JongrassSupreme Court of Pennsylvania · 1897

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Commonwealth v. AnticoSuperior Court of Pennsylvania · 1941
  2. Commonwealth v. O'LEARYSuperior Court of Pennsylvania · 1951
  3. Hood Appeal, Pennsylvania Court of Common Pleas, Luzerne County1951
  4. In re Wanger, Pennsylvania Court of Common Pleas, Montgomery County1938
  5. Lehighton Borough Election, Pennsylvania Court of Common Pleas, Carbon County1949

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