Rizzolo v. Commonwealth
Supreme Court of Pennsylvania
EEEOE TO TTTE COtJET OE OYEE AND TEEMINEE OE UUZERNE COUNTY. No. 412 January Term 1889, Sup. Ct.; court below, No. 165 January Term 1889, Q. S. cert, to O. and T. On January 9, 1889, tbe grand jury returned as a true bill an indictment charging Michael Eizzolo with the murder of Bernard McClure and Hugh Flanigan, employees of Charles McFadden, a railroad contractor, on October 19, 1888, upon a mountain road about two miles from the village of Miner’s Mills.
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EEEOE TO TTTE COtJET OE OYEE AND TEEMINEE OE UUZERNE COUNTY. No. 412 January Term 1889, Sup. Ct.; court below, No. 165 January Term 1889, Q. S. cert, to O. and T. On January 9, 1889, tbe grand jury returned as a true bill an indictment charging Michael Eizzolo with the murder of Bernard McClure and Hugh Flanigan, employees of Charles McFadden, a railroad contractor, on October 19, 1888, upon a mountain road about two miles from the village of Miner’s Mills. The prisoner had been arrested and committed on January 8d. The case was set down for trial on January 29th, when at the request of the…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
The first seven assignments of error are not in accordance with the rules of court, and might well be dismissed for this reason alone. But we are not unmindful of the fact that a human life is at stake; that the defendant below is a friendless man, and a stranger in a strange land. We will consider the alleged errors as though they had been properly assigned.
The defendant moved the court below for a change of venue. In support of this motion his affidavit was filed, setting forth his belief that he could not have a fair trial in the county of ■Luzerne by…
2Cases cited1 opinion
- Allison v. CommonwealthSupreme Court of Pennsylvania · 1881
3Cited by19 opinions
- Commonwealth v. SparduteSupreme Court of Pennsylvania · 1923
- Commonwealth v. Van HornSupreme Court of Pennsylvania · 1898
- Fitter v. United StatesCourt of Appeals for the Second Circuit · 1919
- Wright v. StateDistrict Court of Appeal of Florida · 1981
- Commonwealth v. VasquezMassachusetts Supreme Judicial Court · 2012
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