Commonwealth v. Breyessee
Supreme Court of Pennsylvania
Appeal, No. 52, Oct. T., 1894, by defendant, Noel Breyessee, from judgment of O. & T., Allegheny Co., Sept. T., 1893, on verdict of guilty. Indictment for murder. Before Slagle, J. At the trial it appeared that, on Sept. 24, 1893, Noel Breyessee, alias Maison Noel, shot and killed Sophia Raes with a pistol.
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Appeal, No. 52, Oct. T., 1894, by defendant, Noel Breyessee, from judgment of O. & T., Allegheny Co., Sept. T., 1893, on verdict of guilty. Indictment for murder. Before Slagle, J. At the trial it appeared that, on Sept. 24, 1893, Noel Breyessee, alias Maison Noel, shot and killed Sophia Raes with a pistol. The evidence tended to show that about ten o’clock in the evening of the day in question the prisoner, together with August Maison, alias August Breyessee, left their house and went up the road past the house of August Raes, husband of the deceased. They did not find Raes at home, and thej…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This case appears to have been tried with great care in the court below. The distinctions between murder of the first and of the second degree were plainly pointed out, and the facts were submitted to the jury in a manner of which no just complaint can be made. The conviction of the defendant of the crime of murder of the first degree was the result of the overwhelming weight of the evidence against him.
The learned counsel for the defendant assigns error to the answers made by the learned judge to his first and second points; These points were answered in the…
2Cases cited2 opinions
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