Commonwealth v. Pascoe
Superior Court of Pennsylvania
Appeal, No. 141, Oct. T., 1908, by defendant, from judgment of Q. S. Phila. Co., MayT., 1908, No. 164, on verdict of guilty in case of Commonwealth v. David M. Pascoe. Indictment for criminal libel. At the trial the prosecution offered in evidence a copy of the “ Germantown Telegraph,” published under date of February 7, 1908. The article is as follows: “Arnold and Andre.
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Appeal, No. 141, Oct. T., 1908, by defendant, from judgment of Q. S. Phila. Co., MayT., 1908, No. 164, on verdict of guilty in case of Commonwealth v. David M. Pascoe. Indictment for criminal libel. At the trial the prosecution offered in evidence a copy of the “ Germantown Telegraph,” published under date of February 7, 1908. The article is as follows: “Arnold and Andre. Two figures stood out in the great struggle of the colonies for liberty, and whenever a cause is betrayed, even to this day, the name of Benedict Arnold rises to the lips of every American citizen as a type of all that is…
1Opinion of the Court
Opinion by
Henderson, J.,
There was a challenge to the array of petit jurors which the court overruled and this refusal is made the subject of the first assignment of error. The motion was based on the averment that the jury was summoned by the prosecutor, who was the sheriff of the county and who was therefore disqualified to discharge that part of his official duty. The case of Munshower et al. v. Patton, 10 S. & B. 334, is relied on to sustain the position. In that case the sheriff was a brother of one of the parties, and the subject of litigation was a tract of land. The motion to quash was…
2Cases cited6 opinions
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
- Conroy v. Pittsburgh TimesSupreme Court of Pennsylvania · 1891
- Pittock & Mills v. O'NiellSupreme Court of Pennsylvania · 1870
- Clark v. CommonwealthSupreme Court of Pennsylvania · 1889
- Barr v. MooreSupreme Court of Pennsylvania · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commonwealth v. MustoSupreme Court of Pennsylvania · 1943