Legal Opinion

Commonwealth v. Grether

Supreme Court of Pennsylvania

Decided November 10, 1902No. Appeal, No. 233PublishedCited by 17 opinions

Appeal, No. 233, Jan. T., 1902, by-defendant, from judgment of O. & T. Monroe Co., Dec. T., 1901, No. 1, on verdict of guilty of murder in the first degree, in case of Commonwealth v. Charles Grether. Indictment for murder. Before Heydt, P. J., specially presiding. ■ At the trial it appeared that the prisoner on September 24, 1901, shot and killed Adam Strunk, a private citizen, who was attempting to arrest the prisoner without a warrant for a felony.

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Appeal, No. 233, Jan. T., 1902, by-defendant, from judgment of O. & T. Monroe Co., Dec. T., 1901, No. 1, on verdict of guilty of murder in the first degree, in case of Commonwealth v. Charles Grether. Indictment for murder. Before Heydt, P. J., specially presiding. ■ At the trial it appeared that the prisoner on September 24, 1901, shot and killed Adam Strunk, a private citizen, who was attempting to arrest the prisoner without a warrant for a felony. The court admitted under objection and exception, testimony relating to the exhumation and examination of the body of the deceased, which had…

1Opinion of the Court

Per Curiam,

Í The day before the homicide, a felony had been committed in the vicinity. The evidence clearly indicates that the prisoner was one of the culprits, who, though pursued by the officers of the law, had eluded arrest. Strunk, the deceased, having learned where they were, accompanied by several of his neighbors, started as a private citizen without a warrant to arrest them. Coming upon them early in the morning as they were cooking their breakfast, he approached them and laying his hand upon the shoulder of each said, “I arrest you.” Having been asked by the prisoner why they were…

2Cases cited1 opinion

  1. Brooks v. CommonwealthSupreme Court of Pennsylvania · 1869

3Cited by17 opinions

  1. Commonwealth v. RedlineSupreme Court of Pennsylvania · 1958
  2. Arthur v. StateCourt of Criminal Appeals of Alabama · 1996
  3. Commonwealth Ex Rel. Spencer v. AsheSupreme Court of Pennsylvania · 1950
  4. Commonwealth v. CorleySupreme Court of Pennsylvania · 1985
  5. Panhandle Eastern Pipe Line Co. v. SmithWyoming Supreme Court · 1981

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