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· 6/3/1918

Commonwealth v. Dantine

Citations

  • 261 Pa. 496
  • 104 A. 672
  • 1918 Pa. LEXIS 775

Syllabus

<p>Criminal law — Murder of first degree — Killing in perpetration of robbery — ■Forcible taking in presence of, but not from person of victim — Charge.</p> <p>1. While robbery is the felonious and forcible taking from the person of another of goods or money to any value by violence or putting in fear, the offense is complete if they are taken in the presence of, although not from the person of the owner, by putting in fear.</p> <p>2. A conviction of murder of the first degree will be sustained where it appears that the dead body of a woman was found in a beaten condition at her home late at night; that her bureau drawer had been pried open and $70 taken therefrom; that the bedroom showed evidence of a violent struggle; that on the evening of the murder defendant was arrested and admitted he had committed the crime; that defendant’s clothes were spotted with blood and he bore numerous scratch marks; that just before his arrest he had displayed a roll of bills and stated that he had $50, although he was almost without funds just before the commission of the crime.</p>

Judges: Brown, Frazer, Moschzisker, Stewart, Walling

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