Legal Opinion

Commonwealth v. D'Angelo

Superior Court of Pennsylvania

Decided November 20, 1905No. Appeal, No. 24PublishedCited by 5 opinions

Appeal, No. 24, Jan. T., 1906, by defendant, from judgment of Q. S. Luzerne Co., June T., 1905, No. 40, on verdict of guilty in case of Commonwealth v. Raphael D’Angelo and William Danes. Indictment'for assault and battery. Before Ferris, J. The opinion of the Superior Court states the case. Verdict of guilty upon which judgment of sentence was passed.

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Appeal, No. 24, Jan. T., 1906, by defendant, from judgment of Q. S. Luzerne Co., June T., 1905, No. 40, on verdict of guilty in case of Commonwealth v. Raphael D’Angelo and William Danes. Indictment'for assault and battery. Before Ferris, J. The opinion of the Superior Court states the case. Verdict of guilty upon which judgment of sentence was passed. Errors assigned were various excerpts from the charge, and that the court erred in failing to define the meaning of the term “ reasonable doubt.”

1Opinion of the Court

Opinion by

Orlady, J.,

This defendant (with William Danes) was convicted of an aggravated assault and battery.

If the assignments of error, which are excerpts taken from the charge, were complete paragraphs or represented separate and entire instructions on essential phases of the case, they would undoubtedly be erroneous. However, after an examination of the testimony and the whole charge, it is- clear that the defendant had his case fully and fairly presented in an adequate manner. It was rather the weight of the case that pressed heavily upon him than the manner in which it was presented to…

2Cases cited3 opinions

  1. Rudy v. CommonwealthLancaster County Court of Oyer and Terminer · 1889
  2. Commonwealth v. MorrisonSupreme Court of Pennsylvania · 1899
  3. Commonwealth v. BoschinoSupreme Court of Pennsylvania · 1896

3Cited by5 opinions

  1. Commonwealth v. KopitskoSuperior Court of Pennsylvania · 1955
  2. Commonwealth v. HoskinsSuperior Court of Pennsylvania · 1915
  3. Commonwealth v. LeginsSupreme Court of Pennsylvania · 1925
  4. Commonwealth of Pa. v. DoughertySuperior Court of Pennsylvania · 1928
  5. Commonwealth v. LinkSuperior Court of Pennsylvania · 1919

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