Legal Opinion

Commonwealth v. Endrukat

Supreme Court of Pennsylvania

Decided May 1, 1911No. Appeal, No. 39PublishedCited by 10 opinions

Appeal, No. 39, Jan. T., 1911, by defendant, from judgment of O. & T. Phila. Co., Oct. Sessions, 1907, No. 273, on verdict of guilty of murder of the first degree in case of Commonwealth v. Frank Endrukat. Indictment for murder. Before Ralston, J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 39, Jan. T., 1911, by defendant, from judgment of O. & T. Phila. Co., Oct. Sessions, 1907, No. 273, on verdict of guilty of murder of the first degree in case of Commonwealth v. Frank Endrukat. Indictment for murder. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. Errors assigned among others were in sustaining the demurrer of the commonwealth to the prisoner’s special plea of former jeopardy, and in overruling the defendant’s motion in arrest of judgment.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

Though the question raised on this appeal is a new one, the answer to it is old. In the paper-book of counsel for appellant the following is a fair statement of it: “Where a prisoner has been put on trial for murder in the first degree and his insanity at the time of the trial has been set up in defense and the jury instructed by the trial judge to pass on both the questions of his guilt of murder and of his sanity at the time of trial, and has returned as one verdict *531(against the objection of the prisoner), that the prisoner is guilty of murder of the first degree…

2Cases cited2 opinions

  1. Commonwealth v. FitzpatrickSupreme Court of Pennsylvania · 1888
  2. Webber v. CommonwealthSupreme Court of Pennsylvania · 1888

3Cited by10 opinions

  1. Zaragosa v. StateCourt of Criminal Appeals of Texas · 1979
  2. Commonwealth v. ScovernSupreme Court of Pennsylvania · 1927
  3. Rowe v. StateCourt of Appeals of Maryland · 1964
  4. State v. HarperSupreme Court of Missouri · 1945
  5. Commonwealth v. CilioneSupreme Court of Pennsylvania · 1928

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