Legal Opinion

Commonwealth v. Boyd

Supreme Court of Pennsylvania

Decided October 26, 1914No. Appeal, No. 268PublishedCited by 17 opinions

Appeal, No. 268, Jan. T., 1914, by defendant, from judgment of O. & T., Philadelphia Co., October Sessions, 1913, No. 642, on verdict of guilty of murder of the first degree, in case of Commonwealth v. James Boyd. Indictment for murder. Before Kinsey, J. The opinion of the Supreme Court states the facts. The jury found a verdict of guilty of murder of the first degree, upon which sentence of death was passed. Defendant appealed.

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Appeal, No. 268, Jan. T., 1914, by defendant, from judgment of O. & T., Philadelphia Co., October Sessions, 1913, No. 642, on verdict of guilty of murder of the first degree, in case of Commonwealth v. James Boyd. Indictment for murder. Before Kinsey, J. The opinion of the Supreme Court states the facts. The jury found a verdict of guilty of murder of the first degree, upon which sentence of death was passed. Defendant appealed. Errors assigned were various assignments referred to in the opinion of the Supreme Court and the fifth assignment which was as follows : 5. That the learned trial…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

At the solicitation of the defendant — a colored man and married — a young colored woman, Bertha Ann Fisher, with whom the defendant had for some time maintained illegal relations, accompanied him to a drinking saloon in the City of Philadelphia on the afternoon of 26th August, 1913. While the two were there seated at a table, drinks having been ordered and served, the defendant discharged five pistol shots in rapid succession into the person of Bertha Ann Fisher from the effect of which she died almost instantly. The defendant forthwith proceeded to reload his…

2Cases cited2 opinions

  1. Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
  2. Commonwealth v. EylerSupreme Court of Pennsylvania · 1907

3Cited by17 opinions

  1. Commonwealth v. O'SEAROSupreme Court of Pennsylvania · 1976
  2. State v. HartzogWashington Supreme Court · 1981
  3. Commonwealth v. MayberrySupreme Court of Pennsylvania · 1927
  4. Commonwealth v. GibbsSupreme Court of Pennsylvania · 1950
  5. Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1979

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