Smith v. Commonwealth
Supreme Court of Pennsylvania
Error to the Oyer and Terminer and Quarter Sessions of Philadelphia county: Of January term 1882, No. 351. Indictment of Kobert Smith Lister alias Kobert Lister Smith. The indictment contained' three counts (1) assault and battery, (2) aggravated assault and battery, (3) assault and bat- ' tery with intent to kill. Plea, not guilty. On the trial, before Briggs, J., the third count of the indictment wTas abandoned and a verdict of not guilty was taken thereon.
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Error to the Oyer and Terminer and Quarter Sessions of Philadelphia county: Of January term 1882, No. 351. Indictment of Kobert Smith Lister alias Kobert Lister Smith. The indictment contained' three counts (1) assault and battery, (2) aggravated assault and battery, (3) assault and bat- ' tery with intent to kill. Plea, not guilty. On the trial, before Briggs, J., the third count of the indictment wTas abandoned and a verdict of not guilty was taken thereon. The facts of the case, as found by a special verdict of the jury were as follows : “ That the defendant, on the 27th day of September…
1Opinion of the Court
Mv. Justice Sterrett
delivered the opinion of the court, October 2d 1882.
The question presented in the first specification, as to the right of the Commonwealth to stand aside jurors, has just been considered and disposed of in Haines et al. v. Commonwealth. It is there held that, in the trial of misdemeanors as well as felonies, the district attorney has a right, under the supervision of the court, to order jurors to stand aside until the entire panel has been called ; that this practice had its origin in the construction given to the statute 33 Edward I., which is recognized as being in force…
2Cited by11 opinions
- Commonwealth v. DorazioSupreme Court of Pennsylvania · 1950
- Commonwealth v. KaySuperior Court of Pennsylvania · 1900
- Commonwealth v. CoccodralliSuperior Court of Pennsylvania · 1920
- Commonwealth v. LeesSuperior Court of Pennsylvania · 1962
- Commonwealth v. MooreSupreme Court of Pennsylvania · 1980
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