Commonwealth v. Minney
Supreme Court of Pennsylvania
Appeal, No. 290, Jan. T., 1906, by-defendant, from judgment of O. & T. Fayette Co., Dec. T., 1905, No. 4, on verdict of guilty of murder of the first degree in case of Commonwealth v. Wilbur Minney. Indictment for murder. Before Beppeet, P. J. The opinion of the Supreme Court states the case. Errors assigned were in sustaining various challenges, and portions of the charge.
1Opinion of the Court
Pee Curiam,
The second and third assignments of error are to the court’s sustaining the commonwealth’s challenges for cause to jurors who had conscientious scruples against capital punishment. It has long been settled that such scruples are a good cause for challenge: Com. v. Lesher, 17 S. & B. 155; and it is equally well settled that the test of such scruples as a disqualification is the juror’s own testimony as to his ability to throw aside their influence and render a verdict according to the evidence alone: Com. v. Valsalka, 181 Pa. 17 (34).
The same test is applicable to the…
2Cases cited5 opinions
- Commonwealth v. EaganSupreme Court of Pennsylvania · 1899
- Commonwealth v. RoddySupreme Court of Pennsylvania · 1898
- Commonwealth v. ValsalkaSupreme Court of Pennsylvania · 1897
- Commonwealth v. TaylorSupreme Court of Pennsylvania · 1889
- Curley v. CommonwealthSupreme Court of Pennsylvania · 1877
3Cited by15 opinions
- Commonwealth v. GelfiSupreme Court of Pennsylvania · 1925
- Shinal, M., et ux, Aplts. v. Toms M.D., S.Supreme Court of Pennsylvania · 2017
- Commonwealth v. LuccittiSupreme Court of Pennsylvania · 1928
- Commonwealth v. BentleySupreme Court of Pennsylvania · 1926
- State v. RussellMontana Supreme Court · 1925
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