Legal Opinion

Commonwealth v. Mitchka

Supreme Court of Pennsylvania

Decided May 23, 1904No. Appeal, No. 74PublishedCited by 9 opinions

Appeal, No. 74, Jan. T., 1904, by defendant, from judgment of 0. & T. Luzerne Co., April T., 1908, No. 355, on verdict of guilty of murder in the second degree in case of Com. v. Mitchka. Indictment for murder. At the trial the prisoner was found guilty of murder in the second degree. Error assigned among others was the answer to the point quoted in the opinion of the Supreme Court.

1Opinion of the Court

Per Chriam,

As the defense was a total denial of the killing, based on the claim of an alibi, the points in regard to self-defense were irrelevant. But in any view, even if the jury should find, as they did against the alibi and that the prisoner was there and did the killing, the points were properly answered. The first point and the answer of the court cover substantially the whole alleged error, and are as follows :

“ That whoever did the killing on the night in question, it was not necessary that he be in actual imminent peril of life or of great 'bodily harm before he may slay his…

2Cases cited2 opinions

  1. Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
  2. Commonwealth v. BreyesseeSupreme Court of Pennsylvania · 1894

3Cited by9 opinions

  1. Commonwealth v. CommanderSupreme Court of Pennsylvania · 1970
  2. Commonwealth v. LawrenceSupreme Court of Pennsylvania · 1968
  3. Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1906
  4. Commonwealth v. CollazoSupreme Court of Pennsylvania · 1962
  5. Commonwealth v. NelsonSupreme Court of Pennsylvania · 1928

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API