Commonwealth v. Mosler
Supreme Court of Pennsylvania
The prisoner was indicted for the murder of Eve Mosler, his wife. It appeared that the parties had been married about eleven years, and that there was a great disparity of age between them, the prisoner being nearly twenty years the younger of the two.
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The prisoner was indicted for the murder of Eve Mosler, his wife. It appeared that the parties had been married about eleven years, and that there was a great disparity of age between them, the prisoner being nearly twenty years the younger of the two. On the day of the homicide the prisoner came into the house, about one o’clock, and shortly afterwards commenced taunting one Boyer, a son of the deceased by a former husband, and at the same time threatening to cut the throat of her grand-daughter. About six o’clock the prisoner and deceased were left alone in the house, having previously had…
1Opinion of the Court
Per Curiam. Cases on the statutes of Philip and Mary, or on the 7 Geo. 4, c. 64, which has supplanted them, are inapplicable to a confession made to an officer who.has the prisoner in custody. The examination by a magistrate is an official act, and must be done as well with due solemnity, as with an observance of every form proper to prevent intimidation or surprise. A confession to a constable, as well as to a private person, must be unattended with any inducement of hope or fear ; and it must not be founded on a question calculated to entrap the prisoner: for instance, a question which…
2Cited by70 opinions
- Commonwealth v. NovakSupreme Court of Pennsylvania · 1959
- Commonwealth v. WalzackSupreme Court of Pennsylvania · 1976
- Commonwealth v. BanksSupreme Court of Pennsylvania · 1987
- Commonwealth v. WoodhouseSupreme Court of Pennsylvania · 1960
- Commonwealth v. ThomasSupreme Court of Pennsylvania · 1971
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