McCue v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Lycoming county: Of January Term 1875, No. 51. On the 25th of November 1874, a true bill was found against Barney McCue, for the murder of John Dieter. On the 27th of November the defendant being arraigned, pleaded “Not Guilty,” and the same day the trial commenced, before Gamble, P. J., and his associates, judges of the Court of Oyer and Terminer of Lycoming county.
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Error to the Court of Oyer and Terminer of Lycoming county: Of January Term 1875, No. 51. On the 25th of November 1874, a true bill was found against Barney McCue, for the murder of John Dieter. On the 27th of November the defendant being arraigned, pleaded “Not Guilty,” and the same day the trial commenced, before Gamble, P. J., and his associates, judges of the Court of Oyer and Terminer of Lycoming county. Barney McCue, the defendant, and John Dieter, the deceased, occupied together a room in the basement of a building on the banks of the Susquehanna, about three miles from the borough of…
1Opinion of the CourtChief Justice Agnew
We think the assignments of error in this case fail to show any ground for reversal, except of the sentence of the Court of Oyer and Terminer. It was certainly competent to show, that the *189prisoner and the deceased had visited the same woman, and to follow this by evidence, that immediately after the homicide, the prisoner referred to the fact that he warned the deceased to let her alone, that she would be a curse to any one, and now his words had come to pass. Jealousy is among the strongest of the human passions, and it certainly was for the jury to determine, in the absence of any other…
2Cases cited1 opinion
- Morgan v. EnglandOhio Supreme Court · 1832
3Cited by15 opinions
- Commonwealth v. DanzSupreme Court of Pennsylvania · 1905
- Commonwealth v. TauzaSupreme Court of Pennsylvania · 1930
- Commonwealth Ex Rel. Ashmon v. BanmillerSupreme Court of Pennsylvania · 1958
- Commonwealth v. BlanchardSupreme Court of Pennsylvania · 1942
- Commonwealth v. ZecSupreme Court of Pennsylvania · 1918
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