Legal Opinion

Scott v. Commonwealth

Supreme Court of Pennsylvania

Decided October 16, 1820PublishedCited by 3 opinions

In Error. IN the Court of Quarter Sessions of Bedford county, to which this was a writ of error, an indictment against Ethelston Scott, containing three counts, was sent to the grand jury.

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In Error. IN the Court of Quarter Sessions of Bedford county, to which this was a writ of error, an indictment against Ethelston Scott, containing three counts, was sent to the grand jury. On the first, charging him with an assault and battery upon William Cessna, with intent to kill and murder, they returned ignoramus, The second was for an assault and battery, and stated, .... that the plaintiff in error, maliciously, wickedly, and unlawfully did bite or cut off the ear of William Cessna, and with a certain knife commonly called a pocket knife, the said J 4 William did stab and wound, on…

1Opinion of the Court

The Courts’ opinion was delivered by

Duncan. J.

The errors assigned are, first, that the second count states the offence disjunctively.; that he did hite or cut off the ear. This would be an objection that could not be got over were this the charge alone, but the assault and battery is the offence, the mode, the injury inflicted, are circumstances of aggravation. The offence is the assault and battery with an intent to kill, an offence distinctly laid and punishable by law.

*226The second error relates to the sentence. Is the sentence of confinement in the jail and penitentiary house of the city of…

2Cases cited4 opinions

  1. Krœmer v. CommonwealthSupreme Court of Pennsylvania · 1811
  2. Respublica v. LangcakeSupreme Court of Pennsylvania · 1795
  3. Respublica v. ReikerSupreme Court of Pennsylvania · 1801
  4. White v. CommonwealthSupreme Court of Pennsylvania · 1814

3Cited by3 opinions

  1. Hartmann v. CommonwealthSupreme Court of Pennsylvania · 1846
  2. United States v. SheltonDistrict Court, E.D. Texas · 2006
  3. McKinney v. StateWisconsin Supreme Court · 1870

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