Abernethy v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Allegheny county: Of October and November Term 1882, No. 57. Indictment against John Abernethy for the murder of William Leslie. Defendant pleaded not guilty. On the trial, before Courier, J., the following facts appeared :— John Abernethy, the defendant, was a man of about twenty-two years of age, strong and well made.
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Error to the Court of Oyer and Terminer of Allegheny county: Of October and November Term 1882, No. 57. Indictment against John Abernethy for the murder of William Leslie. Defendant pleaded not guilty. On the trial, before Courier, J., the following facts appeared :— John Abernethy, the defendant, was a man of about twenty-two years of age, strong and well made. On December 5th 1881, which was the day of the billing, the prisoner came several times to a saloon On Diamond street kept by one Early and took liquor. He also went to other saloons and was throughout the whole day more or less under…
1Opinion of the CourtChief Justice Sharswood
As this case goes back for another trial it would not be proper for this court to express any opinion on the merits. Although no assignment of error has been filed that the case did not present the element for a verdict of murder in the first degree, we think it right to say that upon that point we entertain no doubt. Indeed, wherever the death is caused by the use of a deadly weapon it must be for the jury to say under the evidence whether there existed “ a willful, deliberate and premeditated ” intention to take the life of the deceased.
The first two assignments are not according to rule,…
2Cases cited5 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Franklin v. StateSupreme Court of Alabama · 1856
- State v. SmalleySupreme Court of Vermont · 1878
- People v. LambNew York Supreme Court · 1865
- Reynolds v. PeopleNew York Supreme Court · 1864
3Cited by13 opinions
- Commonwealth v. AmosSupreme Court of Pennsylvania · 1971
- Commonwealth v. ChristineSuperior Court of Pennsylvania · 2013
- Commonwealth v. CapallaSupreme Court of Pennsylvania · 1936
- Commonwealth v. LuccittiSupreme Court of Pennsylvania · 1928
- Commonwealth v. StewartSupreme Court of Pennsylvania · 1978
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