Legal Opinion

Logue v. Commonwealth

Supreme Court of Pennsylvania

Decided February 25, 1861PublishedCited by 9 opinions

Error to the Oyer and Terminer of Clarion county. The defendant was jointly indicted with one Ira Davis, in the Oyer and Terminer of Clarion county, for the murder of Jared Lewis, but was tried separately. He had robbed the house of Thomas Stewart, and had absconded. On the information of Mr. Stewart, a warrant was placed in the hands of constable Cartwright for his arrest.

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Error to the Oyer and Terminer of Clarion county. The defendant was jointly indicted with one Ira Davis, in the Oyer and Terminer of Clarion county, for the murder of Jared Lewis, but was tried separately. He had robbed the house of Thomas Stewart, and had absconded. On the information of Mr. Stewart, a warrant was placed in the hands of constable Cartwright for his arrest. Cartwright wrote a deputation on the writ, and gave it to Jared Lewis, a private citizen, to execute, for which service Stewart was to pay him. Lewis armed himself with a loaded pistol, and with two companions, William…

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, J.

— We need not recapitulate the facts of this case, and will proceed at once to the consideration of what seem to be the debatable grounds in it, and they are to be found in the views of the learned judge on the subject of self-defence. But little else needs to be noticed; the charge and ruling of the court on every other point of the case being, so far as we can discover, just and accurate.

The sixth and tenth assignments of error present the questions now for consideration. The sixth is as follows — and the tenth is the same in substance —…

2Cases cited1 opinion

  1. People v. ShorterNew York Supreme Court · 1848

3Cited by9 opinions

  1. Commonwealth v. PetrilloSupreme Court of Pennsylvania · 1940
  2. State v. JurkoIdaho Supreme Court · 1926
  3. Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1904
  4. King v. StateCourt of Criminal Appeals of Alabama · 1985
  5. State v. BloodSupreme Court of Rhode Island · 1942

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