Johnson v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the Court of Oyer and Terminer of Lancaster county. A bill of indictment containing two counts was found against Samuel Johnson.
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ERROR to the Court of Oyer and Terminer of Lancaster county. A bill of indictment containing two counts was found against Samuel Johnson. In the first count it was charged that he, on the 5th day of October, 1854, with force and arms in and upon one Elizabeth Thomas, feloniously, wilfully, and of his malice aforethought, did make an assault, and then and there feloniously, wilfully, and of his malice aforethought did cast, throw, and push her into a certain dam wherein there was a great quantity of water, by means of which casting, &c., she was then and there suffocated and drowned. In the…
1Opinion of the Court
The opinion of the Court was delivered, May 24, 1855, by
Lewis, C. J.
The plaintiff in error has been sentenced to suffer death; and the question is, whether the record justifies the sentence. The 2d section of the Act of 22d April, 1794, declares that “ all murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetuate auy arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all *389other kinds of murder shall be…
2Cases cited1 opinion
- Commonwealth v. EarleSupreme Court of Pennsylvania · 1836
3Cited by10 opinions
- Commonwealth v. NicelySupreme Court of Pennsylvania · 1889
- People v. FarrellMichigan Supreme Court · 1906
- Bantum v. StateSupreme Court of Delaware · 1952
- Commonwealth v. TroupSupreme Court of Pennsylvania · 1930
- Commonwealth v. SantosSupreme Court of Pennsylvania · 1923
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