Commonwealth v. Eckerd
Supreme Court of Pennsylvania
Appeal, No. 168, Jan. T., 1896, by defendant, from judgment of O. & T. Luzerne Co., Sept. T., 1895, No. 2, on verdict of guilty of murder of the first degree. DEAN, J., dissents. Indictment for murder. Before Woodward, J. At tbe trial it appeared that on July 6, 1895, Frederick T. Bittenbender was shot by Abram I. Eckerd on Main street in the borough of Nanticoke.
Read the full summary
Appeal, No. 168, Jan. T., 1896, by defendant, from judgment of O. & T. Luzerne Co., Sept. T., 1895, No. 2, on verdict of guilty of murder of the first degree. DEAN, J., dissents. Indictment for murder. Before Woodward, J. At tbe trial it appeared that on July 6, 1895, Frederick T. Bittenbender was shot by Abram I. Eckerd on Main street in the borough of Nanticoke. Bittenbender was a member of the school board of Nanticoke borough school district and chairman of the building committee; Eckerd, the defendant, was janitor of the State street school building. On the morning of July 6, about 10…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first and second assignments of error are founded on the judge’s use of the word “ felonious ” in describing the killing. But there was no error in this. The killing was not denied, and there were no circumstances testified to by any witness which in the most favorable aspect could reduce it below the .grade of felony.
The third, fourth and seventh assignments relate to the omission to charge on the law of insanity, and to what the judge said on the subject of temporary aberration as bearing on the prisoner’s power of conscious and deliberate action. There…
2Cited by32 opinions
- Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- Commonwealth v. CainSupreme Court of Pennsylvania · 1977
- Commonwealth v. CavalierSupreme Court of Pennsylvania · 1925
- Commonwealth v. GelfiSupreme Court of Pennsylvania · 1925
- Commonwealth v. HoweSuperior Court of Pennsylvania · 1908
27 more not listed; retrieve them via the Exa API.