Gaines v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Clinton county. William Gaines was indicted for the murder of his brother Robert Gaines, at December Session 1863, and arraigned for trial at February Session 1864. ■ That Robert Gaines had been murdered was clear, but the testimony on the part of the Commonwealth as to the guilt of the defendant was altogether circumstantial. The trial commenced on the 10th of February, and closed on the 21st of February.
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Error to the Court of Oyer and Terminer of Clinton county. William Gaines was indicted for the murder of his brother Robert Gaines, at December Session 1863, and arraigned for trial at February Session 1864. ■ That Robert Gaines had been murdered was clear, but the testimony on the part of the Commonwealth as to the guilt of the defendant was altogether circumstantial. The trial commenced on the 10th of February, and closed on the 21st of February. The material facts, as given in evidence, were as follows :— It appeared that the two brothers, William and Robert, had a difficulty about some…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
This case has been argued with great zeal and ability on behalf of the plaintiff in error, and for the Commonwealth with much candour and fairness. Assisted by the argument we have carefully reviewed the record, and have come to the conclusion that but one of the assignments of error can be sustained.
William Gaines, the defendant below, now plaintiff in error, was indicted for the murder of Robert Gaines. That the deceased had been murdered was not controverted at the trial. The thing in contest was whether the defendant was the person who…
2Cited by12 opinions
- Jarvis v. BellSupreme Court of Pennsylvania · 1929
- Miller v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Commonwealth v. RomanoSupreme Court of Pennsylvania · 1958
- Commonwealth v. ViscoskySuperior Court of Pennsylvania · 1924
- Commonwealth v. GibbonsSuperior Court of Pennsylvania · 1897
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