Legal Opinion

Commonwealth v. Danz

Supreme Court of Pennsylvania

Decided April 17, 1905No. Appeal, No. 218PublishedCited by 61 opinions

Appeal, No. 218, January T., 1904, by defendant, from judgment of O. & T. Phila. Co., April T., 1903, No. 154, on verdict of guilty of murder of the first degree in case of Commonwealth v. Catharine Danz. Indictment for murder. Before Martin, P. J. The facts appear by the opinion of the Supreme Court. When Robert McKenty was on the stand he was ashed this question: “ Q. She made the remark you have testified to and then went on toward the cell? A. We went on to the cell.

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Appeal, No. 218, January T., 1904, by defendant, from judgment of O. & T. Phila. Co., April T., 1903, No. 154, on verdict of guilty of murder of the first degree in case of Commonwealth v. Catharine Danz. Indictment for murder. Before Martin, P. J. The facts appear by the opinion of the Supreme Court. When Robert McKenty was on the stand he was ashed this question: “ Q. She made the remark you have testified to and then went on toward the cell? A. We went on to the cell. Q. Where did you go from that point? A. To the cell room, and I brought Hossey out of the cell and at that time Mr. Donaghy…

1Opinion of the Court

Opinion by

Mb. Justice Bbown,

By the Act of February 15, 1870, P. L. 15, it is made our duty to review both the law and the evidence in this case, and to determine whether the ingredients necessary to constitute murder of the first degree were proved to exist. The first assignment of error is based on their alleged absence. Whether they were proved to exist is to be determined by a review of the evidence produced by the commonwealth to sustain its grave accusation, for if they are there found, we cannot disturb the verdict, because it may be plausibly argued that the jury should not have…

2Cases cited3 opinions

  1. Grant v. CommonwealthSupreme Court of Pennsylvania · 1872
  2. McCue v. CommonwealthSupreme Court of Pennsylvania · 1875
  3. Lanahan v. CommonwealthSupreme Court of Pennsylvania · 1877

3Cited by61 opinions

  1. Commonwealth v. KloiberSupreme Court of Pennsylvania · 1954
  2. Commonwealth v. SullivanSupreme Court of Pennsylvania · 1977
  3. Commonwealth v. KravitzSupreme Court of Pennsylvania · 1960
  4. Commonwealth v. BolishSupreme Court of Pennsylvania · 1955
  5. Commonwealth v. CarterSupreme Court of Pennsylvania · 1967

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