Legal Opinion

Commonwealth v. Maxwell

Supreme Court of Pennsylvania

Decided July 1, 1921No. Appeal, No. 63PublishedCited by 33 opinions

Appeal, No. 63, Jan. T., 1922, by plaintiff, from order of O. & T. Erie Co., May T., 1921, No. 39, making absolute rule to quash indictment, in case of Commonwealth v. Fred Maxwell et al. Rule to quash indictment. The opinion of the Supreme Court states the facts. Rule absolute. The Commonwealth appealed. Error assigned, among others, was order, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Schaffer,

In this case, the court below quashed an indictment, charging the defendants with murder, because a woman served on the grand jury which found the bill. The Commonwealth has appealed; and this brings before us the important question whether women are eligible as jurors in Pennsylvania.

It is conceded that, under the 19th Amendment to the Constitution of the United States, women are given the right to vote, and are therefore electors; but the oyer and terminer held that the provision of our Constitution (article I, section 6), — “Trial by jury shall be as…

2Cases cited6 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Twining v. New JerseySupreme Court of the United States · 1908
  3. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  4. People v. BarltzMichigan Supreme Court · 1920
  5. In Re ManaCalifornia Supreme Court · 1918

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. . EmerySupreme Court of North Carolina · 1944
  2. State v. EmerySupreme Court of North Carolina · 1944
  3. Commonwealth v. SorrellSupreme Court of Pennsylvania · 1982
  4. State v. WalkerSupreme Court of Iowa · 1921
  5. Commonwealth v. HallSupreme Court of Pennsylvania · 1927

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API