Ettinger v. Commonwealth
Supreme Court of Pennsylvania
June 13th 1881. Before Sharswood, C. J., Mercur, Gurdon, Panson, Trunkey, Sterrett and Green, J J. Writs or error to the Court of Oyer and Terminer and General Jail Delivery of Snyder county: Of May Term-1881, Nos. 92, 93, 94. Emanuel Ettinger, Jonathan Moyer, Israel Erb, Uriah Moyer and Ellen Moyer were indicted for the murder of Gretchen Efintzler. Uriah Moyer and Ellen Moyer were not arrested.
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June 13th 1881. Before Sharswood, C. J., Mercur, Gurdon, Panson, Trunkey, Sterrett and Green, J J. Writs or error to the Court of Oyer and Terminer and General Jail Delivery of Snyder county: Of May Term-1881, Nos. 92, 93, 94. Emanuel Ettinger, Jonathan Moyer, Israel Erb, Uriah Moyer and Ellen Moyer were indicted for the murder of Gretchen Efintzler. Uriah Moyer and Ellen Moyer were not arrested. Separate trials were granted to eaeli of the prisoners, all of whom pleaded not guilty. Each of the prisoners was found guilty of murder in the first degree, and they severally and respectively…
1Opinion of the CourtJustice Sterrett
Ettingeb v. Commonwealth.
It was incumbent on the Commonwealth to establish the corpus delicti as well as tire participation of the prisoner in the murder. A careful examination of the testimony returned with the record and referred to in the charge of the court leads to the conclusion that it was amply sufficient for both purposes. It was exclusively the province of the jury to consider the testimony, pass upon the credibility of the witnesses, and determine the truth of every material allegation on which the Commonwealth relied; and, inasmuch as it was fairly submitted to them in a clear…
2Cited by29 opinions
- Commonwealth v. PetrilloSupreme Court of Pennsylvania · 1941
- Commonwealth v. ElliottSupreme Court of Pennsylvania · 1928
- Commonwealth Ex Rel. Shadd v. MyersSupreme Court of Pennsylvania · 1966
- People v. JonesCalifornia Court of Appeal · 1927
- Commonwealth v. CraigSuperior Court of Pennsylvania · 1902
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