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3 Sadler 426

McCabe v. Commonwealth

Supreme Court of Pennsylvania

Decided October 18, 1886

Supreme Court of Pennsylvania · decided 1886-10-18

July Term, 1886, No. 109, E. D. Error to the Court of Oyer and Terminer of Wayne County to review a judgment on conviction of murder in the first degree. The facts and questions raised are fully set out in the following charge to the jury in the court by Seeley, P. J. The defendant is charged before you with the crime of murder. Murder is the unlawful and malicious taking of human life.

Cited by 2 later decisions — most recently August 2004

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1886-10-18

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Per Curiam:

¶1After a careful examination of the several exceptions taken by the counsel for the defendant, to the rulings and charge of the court helow, we find none that we can sustain. There are, perhaps, some things omitted from the charge that might well have been in it, but the trial judge cannot think of everything, and if counsel neglect to call his attention, by points properly drawn, to the instructions they require, they may be regarded as unimportant. At all events, we will not reverse on account of such omissions, unless they are of a character more serious than those found in this case. On the whole, the trial was conducted in a legal and fair manner, and so far as we can see the facts warranted the result.

¶2The judgment of the Court of Oyer and Terminer is now affirmed, and it is ordered that the record be returned to that court for execution.

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