Commonwealth v. Payne
Supreme Court of Pennsylvania
Appeal, No. 15, Oct. T., 1902, by-defendant, from judgment of O. & T. Beaver Co., June T., 1902, No. 1, on verdict of guilty of murder in the first degree in case of Commonwealth v. William M. Payne. Indictment for murder. Before Wilson, P. J. At the trial the prisoner’s counsel excepted to the panel on the ground that five of the jurors drawn had been excused prior to the trial without the knowledge of the prisoner.
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Appeal, No. 15, Oct. T., 1902, by-defendant, from judgment of O. & T. Beaver Co., June T., 1902, No. 1, on verdict of guilty of murder in the first degree in case of Commonwealth v. William M. Payne. Indictment for murder. Before Wilson, P. J. At the trial the prisoner’s counsel excepted to the panel on the ground that five of the jurors drawn had been excused prior to the trial without the knowledge of the prisoner. The exception was noted on the record and bill sealed. [1] The panel was exhausted after eight jurors had been obtained. The court thereupon directed the sheriff to call talesmen…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The first assignment of error is to the action of the court below in excusing five of the panel of jurors drawn, and in doing so in advance of the call of the case for trial without the knowledge or consent of the prisoner. The statute prescribes a minimum panel of forty-eight and such a panel should be regularly drawn in accordance with law. But it is not required that the whole panel shall appear in court at the call of *103the case for trial. Such a requirement would frequently be impracticable. Some of the persons drawn may be dead or removed from the county,…
2Cases cited5 opinions
- Williams v. CommonwealthSupreme Court of Pennsylvania · 1880
- Rolland & Johnston v. CommonwealthSupreme Court of Pennsylvania · 1876
- Jewell v. CommonwealthSupreme Court of Pennsylvania · 1853
- Foust v. CommonwealthSupreme Court of Pennsylvania · 1858
- Showers v. CommonwealthSupreme Court of Pennsylvania · 1888
3Cited by32 opinions
- Commonwealth v. QuarantaSupreme Court of Pennsylvania · 1928
- Commonwealth v. PetrilloSupreme Court of Pennsylvania · 1941
- Commonwealth v. GaddySupreme Court of Pennsylvania · 1976
- Commonwealth v. KoshSupreme Court of Pennsylvania · 1931
- Butler v. Flo-Ron Vending Co.Supreme Court of Pennsylvania · 1989
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