Commonwealth v. Dale
Supreme Court of Pennsylvania
Appeal, No. 249, Jan. T., 1919, by defendant, from judgment of O. & T. Schuylkill Co., March T., 1918, No. 158, on verdict of guilty of murder of the first degree in case of Commonwealth v. Alexander Dale. Indictment for murder.
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Appeal, No. 249, Jan. T., 1919, by defendant, from judgment of O. & T. Schuylkill Co., March T., 1918, No. 158, on verdict of guilty of murder of the first degree in case of Commonwealth v. Alexander Dale. Indictment for murder. Before Bechtel, P. J. At the trial when Samuel Dale, the father of the accused, and a witness on his behalf, was on the stand, the following offers were made: Defendant’s witness, Samuel Dale, being on the stand, the following offer and ruling occurred: Mr. Leuschner (at side bar) : We propose to prove by the witness that he himself has strange impulses; he suffers…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
The defense of the accused was insanity and the burden was on him to prove, by fair preponderance of the evidence, that he was insane when he killed Swartz. This burden rested on him throughout the trial and he was required not only to adduce evidence as to his own insanity, but also such corroborating proofs as he desired to submit. He proposed (a) to show, by his father, that he, the father, was of a nervous temperament, excitable and eccentric; or, in other words, the witness was called upon to prove his own insanity; (b) to show, by the same witness, that he…
2Cases cited16 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- People v. . KoernerNew York Court of Appeals · 1897
- Bradley v. StateIndiana Supreme Court · 1869
- Prentis v. BatesMichigan Supreme Court · 1892
- Watts v. StateCourt of Appeals of Maryland · 1904
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3Cited by14 opinions
- Commonwealth v. MymaSupreme Court of Pennsylvania · 1924
- State v. GreenUtah Supreme Court · 1931
- State v. MooreNew Mexico Supreme Court · 1938
- Commonwealth Ex Rel. Cummins v. PriceSupreme Court of Pennsylvania · 1966
- Commonwealth v. MorrisonSupreme Court of Pennsylvania · 1920
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