Legal Opinion

Brandt v. Commonwealth

Supreme Court of Pennsylvania

Decided February 9, 1880PublishedCited by 11 opinions

Error to the Court of Oyer and Terminer of Lebanon county: Of May Term 1880, No. 38. Certified from the Middle District. Indictment of Israel Brandt and Josiah Hummel for the murder of Joseph Raber. The following was the form of the indictment: “ In the Court of Oyer and Terminer and General Jail Delivery for the county of Lebanon, of April Term A. D. 1879. Lebanon County ss.

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Error to the Court of Oyer and Terminer of Lebanon county: Of May Term 1880, No. 38. Certified from the Middle District. Indictment of Israel Brandt and Josiah Hummel for the murder of Joseph Raber. The following was the form of the indictment: “ In the Court of Oyer and Terminer and General Jail Delivery for the county of Lebanon, of April Term A. D. 1879. Lebanon County ss. The Grand Inquest of the Commonwealth of Pennsylvania, inquiring in and for the body of the county of Lebanon, upon their oaths and affirmations respectively, do present: That Charles Drews, yeoman, late of the county…

1Opinion of the CourtJustice Sterrett

The indictment in this case is accurately drawn in the short form authorized by the Criminal Procedure Act. It charges the plaintiffs in error and four others, as principals, with the murder of Joseph Raber, alleged to have been committed on the seventh day of December 1878.

The right which each of the accused had to demand a separate trial was waived; they elected to be tried together and were all convicted of murder of the first degree. A new trial was granted to George Zechman; sentence was suspended as to Henry Weise, and judgment was pronounced against the other four — Charles Drews,…

2Cited by11 opinions

  1. Spicer v. StateSupreme Court of Alabama · 1914
  2. Commonwealth v. BradleySuperior Court of Pennsylvania · 1901
  3. Commonwealth v. MendolaSupreme Court of Pennsylvania · 1928
  4. Commonwealth v. BermanSuperior Court of Pennsylvania · 1935
  5. Itow v. United StatesCourt of Appeals for the Ninth Circuit · 1915

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