Legal Opinion

Commonwealth v. McCloskey

Supreme Court of Pennsylvania

Decided March 20, 1922No. Appeal, No. 324PublishedCited by 18 opinions

Appeal, No. 324, Jan. T., 1922, by defendant, from judgment of O. & T. Blair Co., Oct. T., 1921, No. 19, on verdict of guilty of murder of the first degree, in case of Commonwealth v. Gilbert Mc-Closkey. Indictment for murder. Before Baldrige, P. J. The opinion of the Supreme Court states the facts. Verdict of guilty of murder of the first degree, upon which sentence was passed. Defendant appealed.

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Appeal, No. 324, Jan. T., 1922, by defendant, from judgment of O. & T. Blair Co., Oct. T., 1921, No. 19, on verdict of guilty of murder of the first degree, in case of Commonwealth v. Gilbert Mc-Closkey. Indictment for murder. Before Baldrige, P. J. The opinion of the Supreme Court states the facts. Verdict of guilty of murder of the first degree, upon which sentence was passed. Defendant appealed. Errors assigned were various rulings and instructions sufficiently appearing by the opinion of the Supreme Court, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Sadler,

Defendant was charged with the killing of William Niehaus, a resident of the City of Altoona, on August 3, 1921. George Lafferty and Edward Yon joined with the appellant, McCloskey, in a plan to rob a storekeeper; having secured arms, they went to his place of business about midnight of that day, intending a hold-up. The selected person could not be found, and the deceased, who was returning to his home, was attacked instead; from a shot received, he died shortly after. All three of the alleged robbers were indicted; Lafferty and Yon were granted separate trials.…

2Cases cited18 opinions

  1. Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
  2. Commonwealth v. RussoguloSupreme Court of Pennsylvania · 1919
  3. Commonwealth v. CraigSuperior Court of Pennsylvania · 1902
  4. Commonwealth v. PayneSupreme Court of Pennsylvania · 1913
  5. Commonwealth v. SushinskieSupreme Court of Pennsylvania · 1913

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3Cited by18 opinions

  1. Commonwealth v. McGrewSupreme Court of Pennsylvania · 1953
  2. Commonwealth v. StelmaSupreme Court of Pennsylvania · 1937
  3. Commonwealth v. CornitcherSupreme Court of Pennsylvania · 1972
  4. Plotts' EstateSupreme Court of Pennsylvania · 1938
  5. Commonwealth Ex Rel. Czako v. MaroneySupreme Court of Pennsylvania · 1963

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