Legal Opinion

Commonwealth v. Barner

Supreme Court of Pennsylvania

Decided May 13, 1901No. Appeal, No. 12PublishedCited by 14 opinions

Appeal, No. 12, May T., 1901, by defendant, from judgment of O. & T. of Dauplrin Co., March T., 1900, No. 98, on verdict of guilty of murder in the first degree, in case of Commonwealth v. Elmer E. Barner. Indictment for murder. Before Simonton, P. J. The facts are fully stated in the opinion of the Supreme Court.

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Appeal, No. 12, May T., 1901, by defendant, from judgment of O. & T. of Dauplrin Co., March T., 1900, No. 98, on verdict of guilty of murder in the first degree, in case of Commonwealth v. Elmer E. Barner. Indictment for murder. Before Simonton, P. J. The facts are fully stated in the opinion of the Supreme Court. When W. R. Deibler, a juror, was sworn on his voir dire, the court refused to allow him to answer the question: “ Have you any opinion or prejudice against the prisoner’s plea of insanity where the insanity is due to an alleged injury of the head?” Exception for defendant. [17] The…

1Opinion of the Court

Opinion by

Mb. Justice Mestrezat,

Elmer E. Barner, the appellant, was a laborer and farmer and resided in Perry county, Pennsylvania until 1891 or 1892. He then was married and removed to Halifax township, Dauphin county, Pennsylvania, where he was engaged in farming until 1898. During the fall of that year he worked on a railroad as a laborer. In the spring of 1899 he removed to Parkston, South Dakota, where, shortly after his arrival, he was joined by his wife and three children. They resided with his sister for a few weeks and then went to housekeeping in a house purchased by him. During the…

2Cases cited5 opinions

  1. Davis v. United StatesSupreme Court of the United States · 1895
  2. Commonwealth v. MoslerSupreme Court of Pennsylvania · 1846
  3. Commonwealth v. Van HornSupreme Court of Pennsylvania · 1898
  4. Commonwealth v. WirebackSupreme Court of Pennsylvania · 1899
  5. Sayres v. CommonwealthSupreme Court of Pennsylvania · 1879

3Cited by14 opinions

  1. Fisher v. United StatesSupreme Court of the United States · 1946
  2. Commonwealth v. ReillySupreme Court of Pennsylvania · 1988
  3. Crystal Pier Amusement Co. v. CannanCalifornia Supreme Court · 1933
  4. Commonwealth v. CalhounSupreme Court of Pennsylvania · 1913
  5. Commonwealth v. MoonSupreme Court of Pennsylvania · 1957

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