Commonwealth v. McLaughlin

Citations

• 163 Pa. 651
• 30 A. 216
• 1894 Pa. LEXIS 1229

Syllabus

<p>• Criminal law—Murder—Voluntary manslaughter—Evidence.</p> <p>At the trial of an indictment for murder and voluntary manslaughter it appeared that the prisoner, who was the proprietor of a drinking saloon, became engaged in a quarrel with the deceased, and after ordering him to leave the saloon threatened to strike him with a club. The deceased accompanied by a friend left the saloon, but shortly afterwards the friend returned and asked for their hats which had been left behind. Evidence for the Commonwealth tended to show that the prisoner crossed the room, picked up a heavy iron bar four feet long, opened the door and stepping into the alley raised the bar with both hands and struck a blow which fractured the deceased’s skull and caused his death. The prisoner claimed that he struck the blow while standing in the saloon, and resisting the attempt of the deceased to enter. It did not appear that deceased had assaulted or attempted to assault the prisoner at any time, or that the prisoner had reason to apprehend personal violence. Meld, that a coni viction of voluntary manslaughter should be sustained.</p> <p>It seems -that under the testimony there might well have been a conviction of murder in the first degree.</p>