Commonwealth v. Potts
Supreme Court of Pennsylvania
Appeal, No. 146, Jan. T., 1913, by defendant, from judgment of O. & T. Chester Co., on verdict of guilty of murder of tbe first degree, in case of Commonwealth v. Wilmer T. Potts. Indictment for murder. Before Butleb, J. The opinion of the Supreme Court states the case. Verdict of guilty of murder of the first degree on which judgment of sentence was passed. Error assigned was in refusing to grant a new trial.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Though this appeal is from judgment of death, it is not alleged that any error was committed on the trial of the case, nor is there any complaint that the verdict returned against the appellant was not justified by the evidence. The sole assignment is that the court erred in not granting a new trial upon the discovery, some time after the verdict had been rendered, that, when the name of James T. McCullough was called as a juror, one John T. McCullough responded, and, after having been sworn, took a seat in the jury box.
It is very clear from the depositions taken…
2Cases cited1 opinion
- Jewell v. CommonwealthSupreme Court of Pennsylvania · 1853
3Cited by2 opinions
- Commonwealth v. DennerySupreme Court of Pennsylvania · 1917
- Commonwealth v. HottingerJuniata County Court of Quarter Sessions · 1937