Commonwealth v. Gabor
Supreme Court of Pennsylvania
Appeal, No. 296, Jan. T., 1908, by-defendant, from order bf O. & T. Schuylkill Co., Sept; T., 1903, No. 544, directing a new trial in case of Commonwealth v. Michael Gabor. Indictment for murder. Before Bechtel, P. J. From the record it appeared that when the verdict for manslaughter was taken and the jury discharged, the prisoner was not in court. Subsequently when the prisoner was brought in for sentence he moved for arrest of judgment and a discharge from custody.
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Appeal, No. 296, Jan. T., 1908, by-defendant, from order bf O. & T. Schuylkill Co., Sept; T., 1903, No. 544, directing a new trial in case of Commonwealth v. Michael Gabor. Indictment for murder. Before Bechtel, P. J. From the record it appeared that when the verdict for manslaughter was taken and the jury discharged, the prisoner was not in court. Subsequently when the prisoner was brought in for sentence he moved for arrest of judgment and a discharge from custody. Upon this motion the court made the following order: And now, December 7, 1903, upon the case as now presented to the court, it…
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitchell,
The commonwealth moves to quash this appeal as it is from an order of the court below for a new trial, and there is therefore no final judgment. Ordinarily this would be so beyond question, but as the appellant claims to be entitled on the record to an absolute discharge, the order for another trial is so far in the nature of a final judgment that we think it best to consider and determine the appeal upon its merits.
The facts lie within a very narrow compass. The appellant was indicted for murder, regularly tried, and a verdict rendered of guilty of…
2Cases cited9 opinions
- Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
- Commonwealth v. FitzpatrickSupreme Court of Pennsylvania · 1888
- Ewing v. TeesSupreme Court of Pennsylvania · 1808
- Dougherty v. CommonwealthSupreme Court of Pennsylvania · 1872
- Commonwealth v. JongrassSupreme Court of Pennsylvania · 1897
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3Cited by43 opinions
- Class & Nachod Brewing Co. v. GiacobelloSupreme Court of Pennsylvania · 1923
- Commonwealth v. DeitrickSupreme Court of Pennsylvania · 1908
- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1986
- Commonwealth v. FrazierSupreme Court of Pennsylvania · 1966
- Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
38 more not listed; retrieve them via the Exa API.