Commonwealth v. Molten
Supreme Court of Pennsylvania
Appeal, No. 45, Oct. T., 1911, by defendant, from judgemnt of O. & T. Allegheny Co., Sept. T., 1910, No. 42, on verdict of guilty of murder of the first degree in case of Commonwealth v. Julius Molten. Indictment for murder. Before Swearingen, P. J. The opinion of the Supreme Court states the case. Verdict of guilty of murder of the first degree upon which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 45, Oct. T., 1911, by defendant, from judgemnt of O. & T. Allegheny Co., Sept. T., 1910, No. 42, on verdict of guilty of murder of the first degree in case of Commonwealth v. Julius Molten. Indictment for murder. Before Swearingen, P. J. The opinion of the Supreme Court states the case. Verdict of guilty of murder of the first degree upon which judgment of sentence was passed. Defendant appealed. Error assigned was the portion of the charge quoted in the opinion of the Supreme Court. In this state, the rule is well settled that where the défense offered is insanity, such defense…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
One of the defenses made for the prisoner on his trial in the court below was insanity, and of it the learned trial judge said to the jury in his general charge, “In considering the question of insanity your first question is whether the evidence clearly establishes that the defendant was insane at the time the attack was committed.” This language is the subject of the only assignment of error.
By the sixty-sixth section of our criminal code of March 31, 1860, P. L. 427, it is provided that “In every case in which it shall be given in evidence upon the trial of any…
2Cases cited8 opinions
- Commonwealth v. GeradeAllegheny County Court of Oyer and Terminer · 1891
- Meyers v. CommonwealthSupreme Court of Pennsylvania · 1877
- Turner v. CommonwealthSupreme Court of Pennsylvania · 1878
- Ortwein v. CommonwealthSupreme Court of Pennsylvania · 1875
- Coyle v. CommonwealthSupreme Court of Pennsylvania · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Commonwealth v. DonoughSupreme Court of Pennsylvania · 1954
- Commonwealth v. IacobinoSupreme Court of Pennsylvania · 1935
- Commonwealth v. NobleSupreme Court of Pennsylvania · 1952
- Nicola v. United StatesCourt of Appeals for the Third Circuit · 1934
- Commonwealth v. EwellSupreme Court of Pennsylvania · 1974
18 more not listed; retrieve them via the Exa API.