Commonwealth v. Emery
Supreme Court of Pennsylvania
Appeal, No. 376, Jan. T., 1922, by defendant, from judgment of O. & T. Phila. Co., Dec. T., 1921, No. 37, on verdict of guilty of murder of the first degree, in case of Commonwealth v. Perley J. Emery, alias James Hastings. Indictment for murder. Before Rogers, 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 refusal to withdraw juror.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
Perley J. Emery, convicted of murder of the first degree, appeals from a sentence to death.
*519Defendant, in company with two other men, had stolen an automobile; they were approached by Vincent Hanley, a uniformed guard on the Parkway, one of the public streets of the City of Philadelphia; he asked defendant to show his license card, whereupon the latter drew a revolver and shot Hanley, who died from the wound.
At the conclusion of the Commonwealth’s case, defendant took the stand as a witness in his own behalf, testifying that he was addicted to the use of…
2Cases cited4 opinions
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1919
- Commonwealth v. WeberSupreme Court of Pennsylvania · 1895
- Commonwealth v. GaranchoskieSupreme Court of Pennsylvania · 1916
- Brovie v. Philadelphia & Reading Coal & Iron Co.Superior Court of Pennsylvania · 1926
3Cited by9 opinions
- Commonwealth v. WiswesserSuperior Court of Pennsylvania · 1936
- Commonwealth v. LisowskiSupreme Court of Pennsylvania · 1922
- Commonwealth v. FarrisSuperior Court of Pennsylvania · 1977
- Com. v. WoloszchukSuperior Court of Pennsylvania · 1938
- Commonwealth v. MelissariSupreme Court of Pennsylvania · 1929
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