Commonwealth v. Greevy

Citations

• 75 Pa. Super. 116
• 1920 Pa. Super. LEXIS 234

Syllabus

<p>Criminal law — Involuntary manslaughter — Pleadings—Acquittal of indictment for murder involving same facts — Special pleading — Former jeopardy and former acquittal — Sufficiency.</p> <p>1. In an indictment for involuntary manslaughter, where the defendant had been acquitted on an indictment for murder involving the same facts, a special plea of former jeopardy and former acquittal was entered. The Commonwealth demurred to the plea and the demurrer was Sustained. The defendant then entered a plea of former acquittal and a plea of not guilty. The jury rendered but one verdict, which was that the defendant was guilty in manner and form as indicted: Held, that on the issue raised by the special plea in bar that judgment should have been entered in favor of the defendant; that on a plea of autrefois acquit, the jury must render a verdict on such plea, as well as on the general issue and that the prisoner should be discharged.</p> <p>2. On the trial of an indictment for murder a defendant cannot be convicted of involuntary manslaughter. This is because of the technical rule that upon the trial for a capital felony a prisoner cannot be convicted of a misdemeanor included in the felony. All general technical rules touching the administration of justice must be so understood as to be made consistent with the fundamental principles of justice, and all cases where a strict adherence to the rule would clash with those fundamental principles are considered as so many exceptions to the rule. The technical rule here involved ought not to be permitted to impair the constitutional right of the prisoner to a trial by jury, or deprive him of the fruits of a verdict in his favor, upon a question of fact. Where the facts in the indictment for murder and involuntary manslaughter are the same and have once been determined in the course of a judicial proceeding, the final judgment rendered in accordance therewith, cannot, So long as it remains unreversed, be again litigated between th