Commonwealth v. Toth

Citations

• 145 Pa. 308
• 22 A. 157
• 1891 Pa. LEXIS 669

Syllabus

<p>1. When, in Allegheny county, a president judge and two associate law judges to assist him, are detailed to hold the courts of Oyer and Terminer and Quarter Sessions, it seems that, the associates being engaged holding jury trials in the Common Pleas at the time, a court of Oyer and Terminer may lawfully be held by the president judge alone.</p> <p>A juror, called on the trial of an indictment for a murder, committed during a riot, and testifying that the preceding week he served as a juror on the trial of an indictment for the riot, on which the defendants and others were convicted, but had formed no opinion as to the guilt or innocence of the defendants of the murder charged, is not thereby disqualified.</p> <p>3. Three defendants being tried together on an indictment for a murder committed8 during a riot arising out of a labor strike, the evidence against the defendants, sufficient in character, having been properly submitted to the jury under proper instructions, a judgment on a verdict finding them guilty of murder of the first degree should not be disturbed.</p>