Legal Opinion

Commonwealth v. Wendt

Supreme Court of Pennsylvania

Decided May 22, 1917No. Appeal, No. 88PublishedCited by 15 opinions

Appeal, No. 88, Jan. T., 1917, by defendant, from judgment of O. T. Blair Co., Jan. Sessions, 1917, No. 2, on verdict of guilty of murder of the first degree in case of Commonwealth v. Frank Alfred Wendt. Indictment for murder. Before Baldrige, J. The facts appear by the opinion of the Supreme Court. Verdict of guilty of murder of the first degree; sentence of death by electrocution was imposed.

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Appeal, No. 88, Jan. T., 1917, by defendant, from judgment of O. T. Blair Co., Jan. Sessions, 1917, No. 2, on verdict of guilty of murder of the first degree in case of Commonwealth v. Frank Alfred Wendt. Indictment for murder. Before Baldrige, J. The facts appear by the opinion of the Supreme Court. Verdict of guilty of murder of the first degree; sentence of death by electrocution was imposed. Defendant appealed. among others, were the charge of the court and various rulings of evidence. On the trial of a homicide case where evidence of other crimes is admitted to show motive, it is the…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The appellant stands convicted of the crime of murder of the first degree under an indictment charging him with the murder of Michael McGinley, 'on the 13th of October, 1915, despite the very earnest contention made on his behalf that the act of killing was done in self-defense. This was the only defense set up. On the appeal our first duty is to determine whether the evidence reasonably admits of the conclusion that the killing was wilful, deliberate and premeditated. If it so appears, the responsibility of determining the guilt rested exclusively with the jury.…

2Cases cited1 opinion

  1. McCue v. CommonwealthSupreme Court of Pennsylvania · 1875

3Cited by15 opinions

  1. Commonwealth v. CoyleSupreme Court of Pennsylvania · 1964
  2. Commonwealth v. RaymondSupreme Court of Pennsylvania · 1963
  3. Commonwealth v. GaddySupreme Court of Pennsylvania · 1976
  4. Commonwealth v. WinterSupreme Court of Pennsylvania · 1927
  5. Commonwealth v. TerrySupreme Court of Pennsylvania · 1975

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