Legal Opinion

Buck v. Commonwealth

Supreme Court of Pennsylvania

Decided October 31, 1884No. 24PublishedCited by 49 opinions

Certiorari to the Court of Oyer and Terminer of Allegheny county: Of October and November Term, 1884, No. 24. This was an indictment against John G. Gordon, Robert M. Geary, and Dr. James P. Buck, charging the defendants with highway robbery of one F. Alpert, on the night of July 16th, 1883 ; and also charging Dr. James P. Buck as accessory both before and after the fact. Pleas, nolo contendere by Gordon and Geary; non cul. e,t de, Jioc, etc., by Dr. Buck.

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Certiorari to the Court of Oyer and Terminer of Allegheny county: Of October and November Term, 1884, No. 24. This was an indictment against John G. Gordon, Robert M. Geary, and Dr. James P. Buck, charging the defendants with highway robbery of one F. Alpert, on the night of July 16th, 1883 ; and also charging Dr. James P. Buck as accessory both before and after the fact. Pleas, nolo contendere by Gordon and Geary; non cul. e,t de, Jioc, etc., by Dr. Buck. The trial, before White, J.. proceeded against Dr. Buck alone, on his plea of not guilty. William F. Barton was called as a juror, and was…

1Opinion of the CourtJustice PaxsON

*489The fact that the juror, William F. Barton, had served as a juror in the case of the Commonwealth v. Gordon et al., No. 5, of September Sessions, 1888, was not a sufficient ground of challenge for cause. It was a different ease, and involved an entirely different state of facts. The only way the defendant below could get rid of the juror was to challenge him peremptorily.

The second assignment raises a more important question. It alleges that the court below erred in admitting in evidence against the defendant the plea of nolo contendere which bad been entered by Gordon and Geary. The latter…

2Cases cited1 opinion

  1. Keithler v. StateMississippi Supreme Court · 1872

3Cited by49 opinions

  1. Commonwealth v. MinnichSupreme Court of Pennsylvania · 1915
  2. Commonwealth v. HolstineSupreme Court of Pennsylvania · 1890
  3. Commonwealth v. RaccoSupreme Court of Pennsylvania · 1909
  4. Eisenberg v. COM., DEPT. OF PUB. WEL.Supreme Court of Pennsylvania · 1986
  5. Peel v. StateDistrict Court of Appeal of Florida · 1963

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