Legal Opinion

Zell v. Commonwealth

Supreme Court of Pennsylvania

Decided February 24, 1880PublishedCited by 33 opinions

Error to the Court of Oyer and Terminer of Cumberland county: Of May Term 1880, No. 88. Certified from the Middle District. Indictment of Catherine Zell for the murder of Mrs. Mary Kiehl, by poison. The facts are sufficiently stated in the following summary of the evidence as made by the court below, Herman, P. J., in the charge to the jury.

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Error to the Court of Oyer and Terminer of Cumberland county: Of May Term 1880, No. 88. Certified from the Middle District. Indictment of Catherine Zell for the murder of Mrs. Mary Kiehl, by poison. The facts are sufficiently stated in the following summary of the evidence as made by the court below, Herman, P. J., in the charge to the jury. From the evidence on the part of the Commonwealth, it appears that Mrs. Mary Kiehl, an aged widow lady who resided near the fair ground in Carlisle, died on the night of Friday, the 30th of May 1879. At the time of her death she was 81 years old. She was…

1Opinion of the CourtJustice Trunkey

Upon the law of the crime, the charge was full, clear and adequate to the proper instruction of the jury, and all that was said on the law of the evidence was accurate and fair to the prisoner. She has no cause for complaint in the answers to the points, nor that the attention of the jury was directed away from the real questions at issue. The answer to the first point was, “ to establish the corpus delicti, the evidence is sufficient when it fully satisfies the jury of the fact beyond all reasonable doubt;” and it needs no vindication. In affirmance of the second point, the jury were told “…

2Cases cited1 opinion

  1. Commonwealth v. JolliffeSupreme Court of Pennsylvania · 1838

3Cited by33 opinions

  1. Commonwealth v. KravitzSupreme Court of Pennsylvania · 1960
  2. Commonwealth v. TurzaSupreme Court of Pennsylvania · 1940
  3. Commonwealth v. HomeyerSupreme Court of Pennsylvania · 1953
  4. Commonwealth v. GardnerSupreme Court of Pennsylvania · 1925
  5. Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905

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