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Commonwealth v. Knox

Citations

  • 262 Pa. 428
  • 105 A. 634
  • 1918 Pa. LEXIS 667

Syllabus

<p>Criminal law — Criminal procedure — Murder—Murder of the first degree — Instructions to the jury.</p> <p>Where on the trial of an indictment foi murder, the Gommonwealth’s evidence showed that after defendant had been teasing' deceased, in consequence of which deceased was provoked and struck defendant, knocking him down, defendant left the room and came back with a gun which he fired at deceased, causing a wound which resulted in his death; and defendant testified that the gun went off accidentally while he was engaged in a scuffle with a third person, the court properly charged the jury in effect that intent to take life might be inferred from the intentional use of a deadly weapon by one person against the body of another, and a verdict of guilty of murder of the first degree and sentence of death were affirmed.</p>

Judges: Brown, Pox, Simpson, Stewart, Walling

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