Commonwealth v. Divomte
Supreme Court of Pennsylvania
Appeal, No. 82, Oct. T., 1918, by defendant, from judgment of O. & T. Cambria Co., June T., 1917, No. 11, on verdict of guilty in case of Commonwealth v. Camolite Divomte. Before Brown, C. J., Stewart, Frazer, Walling, Simpson and Fox, JJ. Indictment for murder. Before Stephens, P. J. At the trial the prisoner set up self-defense to the killing of John Cononie. Verdict of guilty in the first degree, upon which sentence was passed.
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Appeal, No. 82, Oct. T., 1918, by defendant, from judgment of O. & T. Cambria Co., June T., 1917, No. 11, on verdict of guilty in case of Commonwealth v. Camolite Divomte. Before Brown, C. J., Stewart, Frazer, Walling, Simpson and Fox, JJ. Indictment for murder. Before Stephens, P. J. At the trial the prisoner set up self-defense to the killing of John Cononie. Verdict of guilty in the first degree, upon which sentence was passed. Error assigned, among others, was (4) the portion of the charge quoted in the opinion of the Supreme Court, and there held to be erroneous.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The appellant is under conviction in the Oyer and Terminer Court of Cambria County of the crime of murder of the first degree committed upon one John Cononie. The one and only answer made to the indictment charging him with the crime was that the killing was committed in self-defense. It is in the light of this fact we are to say whether error was committed on the trial of the case in the instruction given the jury by the trial judge as to the law governing; and, if error be found, whether it was so prejudicial to the appellant as to call for a reversal of the…
2Cases cited2 opinions
- Commonwealth v. GeradeAllegheny County Court of Oyer and Terminer · 1891
- Commonwealth v. MoltenSupreme Court of Pennsylvania · 1911
3Cited by25 opinions
- Commonwealth v. O'SEAROSupreme Court of Pennsylvania · 1976
- Commonwealth v. MaloneSupreme Court of Pennsylvania · 1946
- Commonwealth v. BowdenSupreme Court of Pennsylvania · 1973
- Commonwealth v. McLaughlinSupreme Court of Pennsylvania · 1928
- Commonwealth v. WinterSupreme Court of Pennsylvania · 1927
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