Legal Opinion

Guffy v. Commonwealth

Supreme Court of Pennsylvania

Decided December 15, 1853PublishedCited by 16 opinions

Error to the Court of Quarter Sessions of Westmoreland county. James Patterson, the prosecutor, made information before Justice Jacob M. Wise, of the county of Westmoreland, on the 15th day of March A. D. 1853, against Alexander Guffy, the plaintiff in error, charging him with having committed a forgery, in altering the date of a summons issued by Daniel Kunkel, Esquire, a justice of the peace in and for the county of Westmoreland, at the suit of Alexander G-uffy v. James…

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Error to the Court of Quarter Sessions of Westmoreland county. James Patterson, the prosecutor, made information before Justice Jacob M. Wise, of the county of Westmoreland, on the 15th day of March A. D. 1853, against Alexander Guffy, the plaintiff in error, charging him with having committed a forgery, in altering the date of a summons issued by Daniel Kunkel, Esquire, a justice of the peace in and for the county of Westmoreland, at the suit of Alexander G-uffy v. James Patterson, executor of Lewellen Howell, deceased. Upon that information, a warrant was issued by Justice Wise, on the 16th…

1Opinion of the Court

*68The opinion of the court was delivered December 15,1853, by

Lewis, J.

— The great principle of the trial by jury is, that the court shall determine the law and the jury the facts.' Even in criminal eases, where the jury have a right to determine the law and the facts, “they are to do so under the direction of the court,” and with a single exception, the court have an undoubted right to grant a new trial where the verdict is against evidence or law. The only exception to the rule is, that where a defendant is acquitted in a criminal case, he shall not be put in jeopardy a second time for. the…

2Cases cited1 opinion

  1. Strein v. ZeiglerSupreme Court of Pennsylvania · 1841

3Cited by16 opinions

  1. Commonwealth v. HallSupreme Court of Pennsylvania · 1927
  2. Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
  3. Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
  4. Commonwealth v. ChartersSuperior Court of Pennsylvania · 1902
  5. Commonwealth v. Chartiers RailwaySuperior Court of Pennsylvania · 1905

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