Commonwealth v. Berney
Superior Court of Pennsylvania
Appeal, No. 130, Oct. T., 1916, by defendant, from judgment of Q. S. Blair Co., Oct. T., 1915, No. 38, on verdict of guilty in case of Commonwealth v. B, J. Berney. Indictment for leasing a house to- be conducted as a common bawdy house. Before Baldrige, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed that defendant pay costs and undergo an imprisonment in the county jail for forty-five days.
Read the full summary
Appeal, No. 130, Oct. T., 1916, by defendant, from judgment of Q. S. Blair Co., Oct. T., 1915, No. 38, on verdict of guilty in case of Commonwealth v. B, J. Berney. Indictment for leasing a house to- be conducted as a common bawdy house. Before Baldrige, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed that defendant pay costs and undergo an imprisonment in the county jail for forty-five days. Errors assigned, among others, were (1) in submitting the case to the jury and (3) the portion of the charge relating to…
1Dissent
Dissenting Opinion by
Orlady, P. J.:
This record clearly discloses the fact that the trial judge was of the opinion that the instruction he had given to the jury on the question of reasonable doubt was inadequate.
In refusing a new trial, the court below felt it necessary to advert to and rely upon an incident that was not connected in any manner with the trial of this case, and stated “The burden of the argument for a new trial is that the court failed to explain to the jury the meaning of reasonable doubt. It was unquestionably the duty of the court to convey to the jury the clear and accurate…
2Cases cited7 opinions
- Commonwealth v. DeitrickSupreme Court of Pennsylvania · 1908
- Commonwealth v. AndrewsSupreme Court of Pennsylvania · 1912
- Commonwealth v. HolgateSuperior Court of Pennsylvania · 1916
- Commonwealth v. DuffySuperior Court of Pennsylvania · 1912
- Commonwealth v. RiderSuperior Court of Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.