Commonwealth v. Deitrick
Supreme Court of Pennsylvania
Appeal, No. 237, Jan. T., 1907, by defendant, from judgment of O. & T. Montour Co., Feb. T., 1906, No. 1, on verdict of "guilty of murder of the second degree in case of Commonwealth v. Peter Deitrick. Indictment for .murder. Before Evans, P. J. See 218 Pa. 36. At the trial the defense was an accidental shooting of the deceased while the prisoner was handling a revolver.
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Appeal, No. 237, Jan. T., 1907, by defendant, from judgment of O. & T. Montour Co., Feb. T., 1906, No. 1, on verdict of "guilty of murder of the second degree in case of Commonwealth v. Peter Deitrick. Indictment for .murder. Before Evans, P. J. See 218 Pa. 36. At the trial the defense was an accidental shooting of the deceased while the prisoner was handling a revolver. John Woll, a witness for the commonwealth, who had testified at the first trial that only one shot had been fired, repeated the same testimony at the second trial. He was asked whether he had not made statements in the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The appellant, charged, with the felonious killing of James A. Jones, has had two trials, each resulting in a verdict of guilty of murder in the second degree. On appeal from the first conviction, we were constrained to reverse and direct a new venire because of manifest error in the charge of the court, too prejudicial to the defendant to be overlooked. The defense set up was that the killing was accidental; that the pistol was discharged in sport with no purpose to inflict injury upon anyone. The instruction to the jury in unmistakable terms imposed on the…
2Cases cited10 opinions
- Commonwealth v. DanzSupreme Court of Pennsylvania · 1905
- People of the State of New York v. . DowlingNew York Court of Appeals · 1881
- Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
- Commonwealth v. GeradeAllegheny County Court of Oyer and Terminer · 1891
- Meyers v. CommonwealthSupreme Court of Pennsylvania · 1877
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3Cited by83 opinions
- Commonwealth v. ChambersSupreme Court of Pennsylvania · 1991
- Commonwealth v. CarterSupreme Court of Pennsylvania · 1967
- Commonwealth v. GockleySupreme Court of Pennsylvania · 1963
- Commonwealth v. TurzaSupreme Court of Pennsylvania · 1940
- Commonwealth v. GeeSupreme Court of Pennsylvania · 1976
78 more not listed; retrieve them via the Exa API.