Pennsylvania v. M'Fall
Pennsylvania Court of Common Pleas, Fayette County
This was an indictment for the murder of John Chadwick, on 10th November, 1794. In the morning of this day, M‘Fall was drunk, came to the house of Chadwick, who kept a tavern, and got some liquor there. One Myers, a constable, came there. M‘Fall had expressed resentment against Myers, for having taken him on a warrant, and had threatened to kill or cripple him, the first time he met him.
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This was an indictment for the murder of John Chadwick, on 10th November, 1794. In the morning of this day, M‘Fall was drunk, came to the house of Chadwick, who kept a tavern, and got some liquor there. One Myers, a constable, came there. M‘Fall had expressed resentment against Myers, for having taken him on a warrant, and had threatened to kill or cripple him, the first time he met him. When M‘Fall saw Myers he jumped up, and said he would have his life.—Chadwick reproved M‘Fall for this. M‘Fall rubbed his fists at Chadwick, and said he was not so drunk but he knew what he was doing. Myers…
1Opinion of the Court
President.
The malice necessary to make an unlawful killing murder, may be either express, as plain marks of a deliberate design; or implied, from the aggravated nature and cruelty of the killing.
It seems to be the intent of our act of assembly to use the distinction between express and implied malice, for the purpose of discriminating between the murder which shall be punished by death, and the murder which shall be punished by confinement to hard labour. Murder committed with malice express, as by poison, lying in wait, or any other premeditated murder, or in commission of rape, burglary,…
2Cited by6 opinions
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- State v. EllsworthOregon Supreme Court · 1896
- State v. MagersOregon Supreme Court · 1899
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