Legal Opinion

Commonwealth v. Gable

Supreme Court of Pennsylvania

Decided December 17, 1821PublishedCited by 4 opinions

AT a Court of Óyer and Terminer held by Tilghman C. J: and Gibson J., for the city and county of in November, 1821, Joseph Gable, William.

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AT a Court of Óyer and Terminer held by Tilghman C. J: and Gibson J., for the city and county of in November, 1821, Joseph Gable, William. Smith and Anthony Taylor, were indicted for the 'murder of Isaac Brasington, Taylor Was acquitted, and as to Gable and Smith, their verdiet was delivered in the following words, “not guilty of murder, but guilty of manslaughter.”. ' ' ' A motion was now made on behalf of Gable and Smith in arrest of judgment. ' contended, that the verdict was incorrect, and would not warrant any ment thereon, first, because it did not find the defendants , , .... . guilty…

1Opinion of the Court

Tilghman C. J .

Joseph Gable, William Smith,, and Anthony Taylor, were indicted for the murder of Isaac Brasington. The jury acquitted Taylor, but as to Gable and Smith, their verdict was delivered in the following words, “ not guilty of murder, but guilty of manslaughter.” A motion has been made in arrest of judgment, in support which two reasons have been assigned. 1st. That the diet does not find the defendants guilty of a felony, 2. That . the verdict is void, for uncertainty, because it does not as*424certain whether the manslaughter was voluntary or invo lunthry. ' .

'Ú There is not much…

2Cases cited2 opinions

  1. Spader v. FrostIndiana Supreme Court · 1836
  2. New York & N. H. R. v. New YorkU.S. Circuit Court for the District of Southern New York · 1858

3Cited by4 opinions

  1. Harrington v. StateSupreme Court of Alabama · 1887
  2. M'Whirt's CaseGeneral Court of Virginia · 1846
  3. State v. GoveSupreme Court of New Hampshire · 1857
  4. Shaeffer v. JackSupreme Court of Pennsylvania · 1826

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