Legal Opinion

Fife, Jones & Stewart v. Commonwealth

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 35 opinions

Error to the Oyer and Terminer of Allegheny county. Henry Fife, Charlotte Jones, and Monroe Stewart, were jointly indicted for the murder of George Wilson. The defendants being arraigned, the counsel of Monroe Stewart moved for a separate trial, which was refused by the court, but no exception appears to have been taken to this ruling at the time, nor was it noted regularly upon the record. The jury was impannelled as to all, and they severally pleaded not guilty.

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Error to the Oyer and Terminer of Allegheny county. Henry Fife, Charlotte Jones, and Monroe Stewart, were jointly indicted for the murder of George Wilson. The defendants being arraigned, the counsel of Monroe Stewart moved for a separate trial, which was refused by the court, but no exception appears to have been taken to this ruling at the time, nor was it noted regularly upon the record. The jury was impannelled as to all, and they severally pleaded not guilty. On the trial, the Commonwealth offered the written confession of Charlotte Jones, taken before H. A. Weaver, Esq., Mayor of…

1Opinion of the Court

The opinion of the court was delivered by

Lewis, C. J.

The plaintiffs in error have been convicted of murder in the first degree, and this writ of error is brought to review the proceeding's. We have nothing to do with the facts of the case. These have been passed upon by the jury under the direction of the court.below. ■ Our business is solely with the questions of law brought to our notice by the record, and by the *435bills of exception to the evidence and to the charge of the court. The Act of Assembly of the 6th of November, 1856, gives to every defendant on trial for murder or voluntary…

2Cases cited2 opinions

  1. Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
  2. Commonwealth v. DillonSupreme Court of the United States · 1792

3Cited by35 opinions

  1. Commonwealth v. BonomoSupreme Court of Pennsylvania · 1959
  2. Commonwealth v. SparduteSupreme Court of Pennsylvania · 1923
  3. Commonwealth v. ParkerSupreme Court of Pennsylvania · 1928
  4. The People v. FoxIllinois Supreme Court · 1925
  5. Commonwealth v. AgostonSupreme Court of Pennsylvania · 1950

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