Commonwealth v. Brown
Supreme Court of Pennsylvania
Appeal, No. 303, Jan. T., 1899, by defendant, from judgment of O. & T. Pbila. Co., April T., 1899, No. 218, on verdict of guilty of murder of the first degree. Indictment for murder. At the trial, Thomas W. Cunningham was examined as follows : Mr. Finletter, of counsel for plaintiff: “ Q. You’re a magistrate of the city of Philadelphia? A. Yes, sir. Q. Did you hold that office on October 12,1898 ? A. Yes, sir. Q. Do you see the prisoner sitting in the dock ? A. Yes, sir.
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Appeal, No. 303, Jan. T., 1899, by defendant, from judgment of O. & T. Pbila. Co., April T., 1899, No. 218, on verdict of guilty of murder of the first degree. Indictment for murder. At the trial, Thomas W. Cunningham was examined as follows : Mr. Finletter, of counsel for plaintiff: “ Q. You’re a magistrate of the city of Philadelphia? A. Yes, sir. Q. Did you hold that office on October 12,1898 ? A. Yes, sir. Q. Do you see the prisoner sitting in the dock ? A. Yes, sir. Q. Do you recognize him? A. Yes, sir. Q. Under what circumstances did you see him on that day? A. On October 12, 1898,…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The defendant was convicted of murder of the first degree on June 20,1899, and sentenced to death. The evidence showed that, on December 31, 1898, he had stabbed to death his wife, Lucinda Brown. Because of domestic trouble they had been separated for about three years. From the evidence, the jury found all the elements of murder of the first degree. They could not have found otherwise. We now have this appeal with six assignments of error. The first alleges error in the admission of the testimony of Magistrate Cunningham. On October 12, 1898, the prisoner had been…
2Cited by3 opinions
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1921
- Commonwealth v. FerrySupreme Court of Pennsylvania · 1937
- Miller v. Brink, Pennsylvania Court of Common Pleas, Centre County1930