COMMONWEALTH v. BROWN


388 Pa. 613 (1957)

Commonwealth v. Brown, Appellant.

Supreme Court of Pennsylvania.

April 26, 1957.


Attorney(s) appearing for the Case

Harold K. Wood, with him Reilly & Wood, for appellant.

Samuel J. Halpren, Assistant District Attorney, with him John E. Stively, District Attorney, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE BELL, April 26, 1957:

A narrow but very important question is raised in this case: Was it reversible error to charge the jury that a dying declaration in a homicide case has the same effect as if it were made under oath?

Mary E. Brown was indicted for murder but was convicted of voluntary manslaughter. Defendant and Vivian Gay, apparently in a fit of jealously, attacked Dorothy Francis, the decedent...

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