Moss v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of 0_yer and Terminer of Westmore-land county: Of October Term, 1884, No. 46. Indictment of John T. Moss for the murder of James McGugan. Plea, not guilty. The cause was called for trial before Hunter, P. J., and on November 21st and 22d, 1888, jurors wore duly chosen and sworn.
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Error to the Court of 0_yer and Terminer of Westmore-land county: Of October Term, 1884, No. 46. Indictment of John T. Moss for the murder of James McGugan. Plea, not guilty. The cause was called for trial before Hunter, P. J., and on November 21st and 22d, 1888, jurors wore duly chosen and sworn. The case was opened and witnesses called and examined on behalf of the commonwealth until about noon on November 24th, when the following communication was presented to the court by one of the jurors: “ I have a brother-in-law that lias bad tbe consumption for almost two years, and is now very low…
1Opinion of the CourtChief Justice Mercur
The verdict of the jury has removed the higher grade of crime, and reduced the case to one of manslaughter. If the conviction had been of a capital offence, the observance of a more stringent rule would be required. The case of G-oersen v. Commonwealth, decided at the present term (10 Out. 477), was a conviction of murder in the first degree. The sickness of a juror had caused his separation for medical treatment. The commonwealth there assumed, and we held correctly, the obligation of showing affirmatively that no improper influence operated on the mind of the juror during his separation. In…
2Cited by9 opinions
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- Commonwealth v. KoshSupreme Court of Pennsylvania · 1931
- Kramer v. KisterSupreme Court of Pennsylvania · 1898
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- Commonwealth v. EisenhowerSupreme Court of Pennsylvania · 1897
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