Commonwealth v. Nicely
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PROM THE COURT OP OYER AND TERMINER OP SOMERSET COUNTY. No. 196 October Term 1889, Sup. Ct.; court below, No. 2 May Term 1889, 0. & T. ■ On May 28, 1889, the grand jury returned as a true bill an indictment charging Joseph Nicely and David Nicely with the murder of Herman Umberger. On May 30th, the prisoners being formally arraigned, pleaded not guilty.
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APPEAL BY DEPENDANTS PROM THE COURT OP OYER AND TERMINER OP SOMERSET COUNTY. No. 196 October Term 1889, Sup. Ct.; court below, No. 2 May Term 1889, 0. & T. ■ On May 28, 1889, the grand jury returned as a true bill an indictment charging Joseph Nicely and David Nicely with the murder of Herman Umberger. On May 30th, the prisoners being formally arraigned, pleaded not guilty. The indictment was called for trial on May 31,1889, when the case shown, so far as material to this report, was as follows : Herman Umberger, the deceased, was a farmer living in Jenner township. On Wedesday evening,…
1Opinion of the Court
Opinion,
Mb. Chief Justice Paxson :
But few of the numerous specifications of error in this case require notice; none of them needs extended discussion.
The defendants below were indicted for homicide, and were convicted of murder in the first degree. At the trial of the cause the district attorney appears to have been aided by private counsel, and the defendants complain that in many instances things were said by counsel for the commonwealth, either directly to the jury or in their presence and hearing, which were not war*269ranted by the evidence, or which were unfair comments upon it. While the…
2Cases cited1 opinion
- Johnson v. CommonwealthSupreme Court of Pennsylvania · 1855
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- Snyder's CaseSupreme Court of Pennsylvania · 1930
- Commonwealth v. MicusoSupreme Court of Pennsylvania · 1922
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