Commonwealth v. McMahon
Venango County Court of Oyer and Terminer
No. 281 October Term 1891, Sup. Ct.; court below, No. — August Term 1891, Q. S. On August 24, 1891, the grand jury returned as a true bill an indictment charging Thomas McMahon, Michael McMahon and Charles Miller, in one count with burglary, and in another, with aggravated assault and battery, on the information of JT. L. Anderson. The indictment being certified into the Court of Oyer and Terminer, the prisoner Thomas McMahon was duly arraigned, and pleaded not guilty.
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No. 281 October Term 1891, Sup. Ct.; court below, No. — August Term 1891, Q. S. On August 24, 1891, the grand jury returned as a true bill an indictment charging Thomas McMahon, Michael McMahon and Charles Miller, in one count with burglary, and in another, with aggravated assault and battery, on the information of JT. L. Anderson. The indictment being certified into the Court of Oyer and Terminer, the prisoner Thomas McMahon was duly arraigned, and pleaded not guilty. Issue. At the trial on August 27, 1891, the case presented was to the effect that, on the morning of November 21,1890,…
1Opinion of the Court
Per. Curiam:.We find no error in the first and second specifications. The flight of a person charged with crime immediately after the commission of an offence, is a circumstance which the jury may always take into consideration; and if the defence of an alibi is false, or, in the language of the court below, “ manufactured, it should go for nothing, and have some weight against the defendant.”
The answer of the learned judge to the defendant’s fourth point is not as direct as it might have been. It might well have been refused, however, for the reason that it was not based upon the full…
2Cited by17 opinions
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- Commonwealth v. BarrishSupreme Court of Pennsylvania · 1929
- Commonwealth v. LuccittiSupreme Court of Pennsylvania · 1928
- Commonwealth v. MyersSuperior Court of Pennsylvania · 1938
- Commonwealth v. LiebowitzSuperior Court of Pennsylvania · 1940
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