Commonwealth v. Adams
Superior Court of Pennsylvania
Appeal, No. 66, Nov. T., 1896, by defendant, from judgment of O. & T. Schuylkill Co., Jan. Sess., 1896, No. 225, on verdict of guilty of assault and battery, upon indictment for murder. Indictment for murder. Before Albright, P. J., specially presiding. The defendant, Adams, was indicted for murder, and the trial resulted in a conviction for assault and battery. Additional facts sufficiently appear from the opinion of the Superior Court.
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Appeal, No. 66, Nov. T., 1896, by defendant, from judgment of O. & T. Schuylkill Co., Jan. Sess., 1896, No. 225, on verdict of guilty of assault and battery, upon indictment for murder. Indictment for murder. Before Albright, P. J., specially presiding. The defendant, Adams, was indicted for murder, and the trial resulted in a conviction for assault and battery. Additional facts sufficiently appear from the opinion of the Superior Court. Errors assigned were (1) error in directing the trial to proceed under sec. 50 of the Criminal Code ; (2) error in charging the jury as follows : “That,…
1Opinion of the Court
Opinion by
Reeder, J.,
The defendants were indicted for murder. The indictment consisted of but a single count, that of murder in the first degree. The case was called for trial in the court of oyer and terminer, and, before the testimony of the commonwealth closed, the fact was developed by the testimony of the physicians called by the commonwealth that the deceased had died from pneumonia, and not from an external injury. At the suggestion of the learned judge, the charge of homicide against the defendants was abandoned, but the trial was directed to proceed upon the charge of assault and…
2Cases cited5 opinions
- Commonwealth v. BirdsallSupreme Court of Pennsylvania · 1872
- Hunter v. CommonwealthSupreme Court of Pennsylvania · 1875
- Henwood & Arney v. CommonwealthSupreme Court of Pennsylvania · 1866
- Walters v. CommonwealthSupreme Court of Pennsylvania · 1863
- Stevick v. CommonwealthSupreme Court of Pennsylvania · 1875
3Cited by8 opinions
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth v. SoudaniSupreme Court of Pennsylvania · 1960
- Commonwealth v. KomatowskiSupreme Court of Pennsylvania · 1943
- Commonwealth v. NaceSuperior Court of Pennsylvania · 1972
- Commonwealth v. ComberSuperior Court of Pennsylvania · 1952
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