Legal Opinion

Rudy v. Commonwealth

Lancaster County Court of Oyer and Terminer

Decided October 7, 1889No. 357PublishedCited by 28 opinions

No. 357 January Term 1889, Sup. Ct.; court below, No. 93 January Term 1888, O. & T. On January 20,1888, the grand jury returned as a true bill an indictment charging John W. Rudy with the murder of Christian Rudy. The prisoner being arraigned pleaded, not guilty. On June 6; 1888, the indictment was called for trial, and, the panel of jurors being exhausted before a jury was obtained, a special venire was awarded.

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No. 357 January Term 1889, Sup. Ct.; court below, No. 93 January Term 1888, O. & T. On January 20,1888, the grand jury returned as a true bill an indictment charging John W. Rudy with the murder of Christian Rudy. The prisoner being arraigned pleaded, not guilty. On June 6; 1888, the indictment was called for trial, and, the panel of jurors being exhausted before a jury was obtained, a special venire was awarded. Upon the return of this venire, the eleventh juror was obtained, when the list of jurors summoned thereon was also exhausted. A special alias venire was then issued, and from those…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett :

The prisoner was tried and convicted of patricide of the first degree, the most heinous type of murder. The corpus delicti was clearly proved. The evidence was quite sufficient to justify the jury in finding that the prisoner’s father was brutally murdered. The position in which the deceased was found, the nature of the wounds that must have caused his almost instantaneous death, the character of the instrument with which they appeared to have been inflicted, and all the surrounding circumstances, pointed to the commission of a wilful, deliberate, and…

2Cases cited1 opinion

  1. Haines v. CommonwealthSupreme Court of Pennsylvania · 1882

3Cited by28 opinions

  1. Commonwealth v. DonoughSupreme Court of Pennsylvania · 1954
  2. Commonwealth v. ScoleriSupreme Court of Pennsylvania · 1960
  3. Commonwealth v. BarnakSupreme Court of Pennsylvania · 1947
  4. Commonwealth v. DelfinoSupreme Court of Pennsylvania · 1918
  5. Commonwealth v. BarrishSupreme Court of Pennsylvania · 1929

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