Com. v. Schmous

Citations

• 162 Pa. 326
• 29 A. 644
• 1894 Pa. LEXIS 983

Syllabus

<p>Murder — Verdict—Polling of jury — Practice, Oyer and terminer.</p> <p>Where a verdict of murder of the first degree has not only been announced in due form, but recorded and affirmatively responded to by the entire jury, the separate answers, given thereafter, if not in harmony with the previously recorded verdict, may be treated as mere surplusage.</p> <p>In such a ease, where each juror is asked to say whether the defendant is guilty of the felony wherewith he stood charged or not guilty, and each answered “ guilty,” it seems that the answers referred to were intended and understood to be in full affirmance of and therefore in harmony with file verdict as previously announced by the jury through their foreman, recorded and assented to by all of them.</p>