Legal Opinion

Commonwealth v. Fencez

Supreme Court of Pennsylvania

Decided January 3, 1910No. Appeal, No. 289PublishedCited by 7 opinions

Appeal, No. 289, Jan. T., 1909, by defendant, from judgment of O. & T. Lackawanna Co., April T., 1909, No. 19, on verdict of guilty in case of Commonwealth v. Shendore Fencez. Indictment for murder. Before Heydt, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Verdict of guilty of murder of the first degree, upon which judgment of sentence was passed. Errors assigned (1-10) sufficiently appear by the judgment of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The appellant stands convicted of the crime of murder in the first degree. The only defense attempted on the trial was intoxication and general mental unsoundness; and these only by way of mitigation or reduction of degree of guilt; for it was not pretended that appellant was so mentally disturbed or enfeebled as to be irresponsible for his conduct. Depending upon its acceptance by the jury, the evidence of the commonwealth established every element necessary to convict of the highest degree. On the morning of December 31, 1908, the defendant, a single man, went…

2Cited by7 opinions

  1. Commonwealth v. SchmidtSupreme Court of Pennsylvania · 1970
  2. Commonwealth v. LobelSuperior Court of Pennsylvania · 1982
  3. Davidson v. DavidsonSupreme Court of Pennsylvania · 1919
  4. Commonwealth v. WhiteSupreme Court of Pennsylvania · 1940
  5. Commonwealth v. SheehanSuperior Court of Pennsylvania · 1921

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