Rhodes v. Commonwealth
Supreme Court of Pennsylvania
Error to the Oyer and Terminer of Northumberland county. To January Sessions 1865, Edward B. Rhodes was indicted for the murder of Elizabeth Chamberlain, was tried, and under the ruling of the court below convicted of murder in the first degree, and sentenced to be hanged.
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Error to the Oyer and Terminer of Northumberland county. To January Sessions 1865, Edward B. Rhodes was indicted for the murder of Elizabeth Chamberlain, was tried, and under the ruling of the court below convicted of murder in the first degree, and sentenced to be hanged. This writ was thereupon sued out, and the record removed into this court, where the following errors were assigned by the counsel for the prisoner :— 1. The Commonwealth’s counsel having asked the witness, Constable Neihoff, who had a warrant to search the prisoner’s house, and who also searched his person, whether he did…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, C. J.
— In that part of the charge which is set forth in the third assignment, we think the learned judge fell into manifest error. His language was: “ If you find the defendant guilty, your verdict must state Guilty of murder in the first degree, in the manner and form as he stands indicted. If not guilty, your verdict will simply be Hot guilty.” The Act of Assembly under which the prosecution was conducted declares that “ all murder which shall be perpetrated by means of poison or by lying in wait, or by any other kind of wilful, deliberate,…
2Cited by20 opinions
- Brown v. StateSupreme Court of Florida · 1960
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1974
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1951
- Commonwealth v. HeckathornSupreme Court of Pennsylvania · 1968
- Commonwealth v. SheetsSupreme Court of Pennsylvania · 1900
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