Legal Opinion

Commonwealth v. Polichinus

Supreme Court of Pennsylvania

Decided November 2, 1910No. Appeal, No. 226PublishedCited by 17 opinions

Appeal, No. 226, Jan. T., 1910, by defendant, from judgment of O. & T. Northumberland Co., Dec. T., 1909, No. 1, on verdict of guilty of murder of the first degree in case of Commonwealth v. Joe Polichinus. Indictment for murder. Before Savidge, P. J. Verdict of guilty of murder of the first degree, upon which judgment of sentence was passed.

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Appeal, No. 226, Jan. T., 1910, by defendant, from judgment of O. & T. Northumberland Co., Dec. T., 1909, No. 1, on verdict of guilty of murder of the first degree in case of Commonwealth v. Joe Polichinus. Indictment for murder. Before Savidge, P. J. Verdict of guilty of murder of the first degree, upon which judgment of sentence was passed. Errors assigned were (4) portion of charge quoted in the opinion of the Supreme Court. 2. "When the assistant district attorney said to Peter Shelsky, defendant’s witness, “Didn’t I say to you up in Mt. Carmel, after I was through talking to you, that…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The defendant was convicted of murder of the first degree. In his charge to the jury, after reviewing the testimony, the trial judge said: "After considering that evidence carefully and dispassionately, without any feeling either for or against the defendant, or without any prejudice either for or against the commonwealth, considering it without reference to anything that may happen in the future, without any reference to consequences— because with those you have nothing to do — considering it, not in the light of the arguments or speeches, made either by the…

2Cases cited3 opinions

  1. Cathcart v. CommonwealthSupreme Court of Pennsylvania · 1861
  2. Stewart v. CommonwealthSupreme Court of Pennsylvania · 1887
  3. Commonwealth v. DarmskaSuperior Court of Pennsylvania · 1908

3Cited by17 opinions

  1. Commonwealth v. DelfinoSupreme Court of Pennsylvania · 1918
  2. Commonwealth v. HolleySupreme Court of Pennsylvania · 1947
  3. Commonwealth v. BrownSupreme Court of Pennsylvania · 1932
  4. Commonwealth v. ShoemakerSupreme Court of Pennsylvania · 1913
  5. Commonwealth v. ParenteSuperior Court of Pennsylvania · 1957

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