Hopkins v. Commonwealth
Supreme Court of Pennsylvania
Error to the Oyer and Terminer of Philadelphia. At December Sessions 1864, William Hopkins was indicted for the murder of Andrew McMarity. The main facts, of the case were these: — On Sunday, the 15th of January 1864, the prisoner and deceased were both on board the United States supply-steamer Bermuda. The ship was crowded with sailors and marines, and among.the latter was Andrew McMarity, a passenger.
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Error to the Oyer and Terminer of Philadelphia. At December Sessions 1864, William Hopkins was indicted for the murder of Andrew McMarity. The main facts, of the case were these: — On Sunday, the 15th of January 1864, the prisoner and deceased were both on board the United States supply-steamer Bermuda. The ship was crowded with sailors and marines, and among.the latter was Andrew McMarity, a passenger. Hopkins threw a cup of coffee at a negro, missed him, and, in so doing, struck Mount, a marine. A contest ensued .between a number of parties standing on the starboard side of the vessel.…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, C. J.
The argument in this case was not limited to the single exception to evidence which appears upon the record, but extended itself to the construction of the Act of 1794, in respect to the distinction between murder in the first, and murder in the second degree. The court below has very properly sent up all the evidence, in order that we might the better judge of the admissibility of the one piece excepted to, and counsel improved the opportunity to argue at large that upon the whole evidence the prisoner ought, at most, to have been…
2Cases cited2 opinions
- Kelly v. CommonwealthSupreme Court of Pennsylvania · 1858
- Sampson v. CommonwealthSupreme Court of Pennsylvania · 1843
3Cited by13 opinions
- Commonwealth v. BrownSuperior Court of Pennsylvania · 2012
- Parker v. StateIndiana Supreme Court · 1894
- Johnson v. CommonwealthSupreme Court of Pennsylvania · 1887
- Commonwealth v. TroupSupreme Court of Pennsylvania · 1930
- Commonwealth v. CobleSuperior Court of Pennsylvania · 1899
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