Commonwealth v. Frucci
Supreme Court of Pennsylvania
Appeal, No. 174, Jan. T., 1906, by defendant, from judgment of O. & T. Warren Co., March T., 1906, No. 1, on verdict of guilty of murder of the first degree in case of Commonwealth v. Antonio Frucci. Indictment for murder. Before Lindsey, P. J. Verdict of guilty of murder of the first degree. Errors assigned were (1, 2) instructions quoted in the opinion of the Supreme Court. .
1Opinion of the Court
Opinion by
Mr. Justice Brown,
After repeating to the jury the words of the 74th section of the Act of March 31, 1860, that “ All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration of, or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree,” the learned trial judge said to them, “You will have to do in this case with that kind of murder stated in the statute as wilful, deliberate and premeditated murder.”…
2Cases cited1 opinion
- Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
3Cited by10 opinions
- Commonwealth v. Del GiornoSupreme Court of Pennsylvania · 1931
- Commonwealth v. StelmaSupreme Court of Pennsylvania · 1937
- Commonwealth v. GibbsSupreme Court of Pennsylvania · 1950
- Commonwealth v. FerkoSupreme Court of Pennsylvania · 1920
- Commonwealth v. McCloskeySupreme Court of Pennsylvania · 1922
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