Weston v. Commonwealth
Supreme Court of Pennsylvania
Error to the Oyer and Terminer of Allegheny county: Of October and November Term, 1885, No. 45. Absalom M. Bowser, Sherman Kelso, Milton Weston, Archibald Blakely and several others were indicted in the Oyer and Terminer of Westmoreland county for the murder of Obadiah Haymaker. On account of the excitement caused in the neighborhood by the circumstances of the killing, the venue of the trial was changed to Allegheny county. The defendants severed in their defence.
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Error to the Oyer and Terminer of Allegheny county: Of October and November Term, 1885, No. 45. Absalom M. Bowser, Sherman Kelso, Milton Weston, Archibald Blakely and several others were indicted in the Oyer and Terminer of Westmoreland county for the murder of Obadiah Haymaker. On account of the excitement caused in the neighborhood by the circumstances of the killing, the venue of the trial was changed to Allegheny county. The defendants severed in their defence. Bowse.r was tried and convicted of murder in the second degree. Subsequently on February 17th, 1885, the defendant's Weston,…
1Opinion of the CourtJustice Green
*272There is no merit whatever in the first assignment of error. .The modification of the defendant’s eighth point covered by the second assignment was entirely correct. The point limited .prisoner’s responsibility to a direct aiding or assisting in the killing. The answer merely modified this by extending the responsibility to aiding or abetting in the common purpose of all, providing the killing was in pursuance of, or an incidental probable consequence of such purpose. We see" no error in this. If there Avas a common purpose to kill and the prisoner Avas present aiding or abetting in that…
2Cited by37 opinions
- Commonwealth v. CoyleSupreme Court of Pennsylvania · 1964
- Commonwealth v. BolishSupreme Court of Pennsylvania · 1955
- Commonwealth v. StrantzSupreme Court of Pennsylvania · 1937
- Commonwealth v. LowrySupreme Court of Pennsylvania · 1953
- Commonwealth v. DorisSupreme Court of Pennsylvania · 1926
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