Hunter v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Allegheny county: Of October and November Term 1875, No. 73. At the September Term 1874, of the Court of Quarter Sessions, an indictment was found against James A. Hunter and Agatha Hunter, that they “ with force and arms, feloniously did make an assault upon one Samuel Floyd, &c., * * * and that the said James A. Hunter, in his right hand then and there had and held (a pistol, and) feloniously did then and there shoot at the said…
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Error to the Court of Quarter Sessions of Allegheny county: Of October and November Term 1875, No. 73. At the September Term 1874, of the Court of Quarter Sessions, an indictment was found against James A. Hunter and Agatha Hunter, that they “ with force and arms, feloniously did make an assault upon one Samuel Floyd, &c., * * * and that the said James A. Hunter, in his right hand then and there had and held (a pistol, and) feloniously did then and there shoot at the said Samuel Floyd with intent, him, the said Samuel Floyd, then and there feloniously to kill and murder. And that the said…
1Opinion of the CourtJustice Paxson
The plaintiff in error was indicted for a felonious assault. The jury convicted him of assault. A motion in arrest of judgment was made, which was overruled by the court below, and judgment entered on the verdict. This is assigned here for error.
*505The record presents the single question, whether upon an indictment charging a felony, the jury may acquit of the felony, and convict of the constituent misdemeanor. We are in no doubt as to the rule at comifton law. It was long held in England, that upon an indictment for a felony there could be no conviction for the minor offence of misdemeanor: Rex…
2Cases cited1 opinion
- State v. HookerSupreme Court of Vermont · 1845
3Cited by31 opinions
- Commonwealth v. KaretnySupreme Court of Pennsylvania · 2005
- Commonwealth v. PolimeniSupreme Court of Pennsylvania · 1977
- Commonwealth v. GarciaSupreme Court of Pennsylvania · 1977
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth v. SimsSupreme Court of Pennsylvania · 2007
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