Legal Opinion

Commonwealth v. Morrison

Supreme Court of Pennsylvania

Decided December 30, 1899No. Appeal, No. 240PublishedCited by 17 opinions

Appeal, No. 240, Jan. T., 1899, by-defendant, from judgment of O. & T. Mifflin Co., Nov. T., 1898, No. 2, on guilty of murder in the first degree. Indictment for murder. Before Bailey, P. J. At the trial it appeared that on August 18, 1898, Joseph Morrison, the prisoner, stabbed and killed Harry Dougherty at the Brindle hotel in Belleville, Mifflin county. The weapon used was a large cattle knife, having a blade about four inches long.

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Appeal, No. 240, Jan. T., 1899, by-defendant, from judgment of O. & T. Mifflin Co., Nov. T., 1898, No. 2, on guilty of murder in the first degree. Indictment for murder. Before Bailey, P. J. At the trial it appeared that on August 18, 1898, Joseph Morrison, the prisoner, stabbed and killed Harry Dougherty at the Brindle hotel in Belleville, Mifflin county. The weapon used was a large cattle knife, having a blade about four inches long. The testimony of spectators who saw the killing is stated, at length in the opinion of the Supreme Court. The court charged in part as follows: [Excusable…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This appeal by the prisoner is from the sentence of the law imposed on him by the court below for murder of the first degree, of which, after a fair and impartial trial, he was duly found guilty.

The first assignment of error alleges that “the ingredients necessary to constitute murder of the first degree do not exist in this case.” This specification is under the 2d section of the Act of February 15, 1870, P. L. 15, which requires us, in all cases of murder of the first degree, “to review both tiñe law and the evidence, and to determine whether the…

2Cases cited6 opinions

  1. Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
  2. Commonwealth v. BreyesseeSupreme Court of Pennsylvania · 1894
  3. Commonwealth v. BoschinoSupreme Court of Pennsylvania · 1896
  4. Grant v. CommonwealthSupreme Court of Pennsylvania · 1872
  5. Commonwealth v. ZappeSupreme Court of Pennsylvania · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Halderman's PetitionSupreme Court of Pennsylvania · 1923
  2. Commonwealth v. VaranoSupreme Court of Pennsylvania · 1917
  3. Commonwealth v. ScottSupreme Court of Pennsylvania · 1925
  4. Cannon v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  5. Commonwealth v. BlanchardSupreme Court of Pennsylvania · 1942

12 more not listed; retrieve them via the Exa API.

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