Kilpatrick v. Commonwealth
Supreme Court of Pennsylvania
Error to the Oyer and Terminer of Philadelphia. The plaintiff in error, John Kilpatrick, was indicted in the court below, for the murder of John McCracken, on the 20th October 1857. The prisoner was tried on the 10th March 1858, at a court of Oyer and Terminer, held by the Hon. Jambs R. Ludlow and the Hon. Joseph Allison, the two associate law judges of the Common Pleas of Philadelphia, under the provisions of the act of 3d February 1848; Judge Ludlow having been duly…
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Error to the Oyer and Terminer of Philadelphia. The plaintiff in error, John Kilpatrick, was indicted in the court below, for the murder of John McCracken, on the 20th October 1857. The prisoner was tried on the 10th March 1858, at a court of Oyer and Terminer, held by the Hon. Jambs R. Ludlow and the Hon. Joseph Allison, the two associate law judges of the Common Pleas of Philadelphia, under the provisions of the act of 3d February 1848; Judge Ludlow having been duly appointed to hold the court, for the trial of all issues pending therein. On the 13th March 1858, the jury found the prisoner…
1Opinion of the Court
*210The opinion of the court was delivered by
Strong, J.
This record presents several questions of the gravest importance. We are not insensible to their magnitude. Involving, as the case does, principles which lie at the basis of the administration of criminal justice, and possibly affecting human life, we have given it our most careful consideration.
The principal questions relate to the constitution of the court in which the indictment was tried, and to the instruction which was given to the jury. There are other minor things, which we shall not overlook.
The record exhibits that, at a court of…
2Cases cited2 opinions
- Commonwealth v. ZephonSupreme Court of Pennsylvania · 1845
- Respublica v. BobSupreme Court of the United States · 1795
3Cited by42 opinions
- Burtt WillSupreme Court of Pennsylvania · 1944
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
- Grice v. StateCourt of Criminal Appeals of Texas · 1941
- Commonwealth v. WuchererSupreme Court of Pennsylvania · 1944
- Commonwealth v. PaeseSupreme Court of Pennsylvania · 1908
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