Commonwealth v. Dombek
Supreme Court of Pennsylvania
Appeal, No. 90, Oct. T., 1920, by defendant, from judgment of O. & T. Allegheny Co., March T., 1919, No. 39, on verdict of guilty of murder of the first degree in case of Commonwealth v. Frank Dombek. Indictment for murder. Before Carpenter, J. The opinion of the Supreme Court states the facts. Verdict of guilty of murder of the first degree upon which judgment of sentence was passed. Defendant appealed. Error assigned was sentence, quoting it.
1Opinion of the Court
Per Curiam,
The appellant was convicted of murder of the first degree in the court below, and on this appeal a new trial is asked for solely on the ground that one of the jurors who sat in the case was not a citizen of the United States. It seems that this fact, if it be a fact, was disclosed to the prisoner’s counsel some days after the trial. Nothing was before the court below in support of the motion for a new trial on the ground that a juror was an alien except the ex parte affidavit of that juror, and in it he *264admits that he was not asked whether he was a citizen. An examination of his…
2Cases cited1 opinion
- Traviss v. CommonwealthSupreme Court of Pennsylvania · 1884
3Cited by8 opinions
- Commonwealth v. AljoeSupreme Court of Pennsylvania · 1966
- Commonwealth ex rel. Fletcher v. CavellSupreme Court of Pennsylvania · 1959
- Commonwealth v. SydloskySupreme Court of Pennsylvania · 1931
- Commonwealth v. KopitskoSuperior Court of Pennsylvania · 1955
- Romesberg v. MerrillSuperior Court of Pennsylvania · 1930
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