Commonwealth v. Hudson
Commonwealth v. Hudson
Opinion of the Court
Opinion by
These four appellants were jointly indicted for murder; were tried together without objection; were all convicted; each was separately sentenced to be executed; and each prosecuted one of the foregoing appeals, the assignments of error being the same in each case and but one argument being made for all of them. We shall follow the same course and decide all the appeals in a single opinion.
On September 26, 1920, about 2:30 a. m., a burglary and murder (Szimmin Florian being the victim) took place at No. 1145 Prospect avenue, in the City of Erie. From the proofs properly admissible against each of the defendants, there can be no reasonable doubt .that the four men concerned in these crimes, were those convicted by the jury, and are the defendants in these cases. Each of them, except Milton Hudson, made a confession show
The first and second assignments of error in each case are, therefore, overruled. The only other assignments allege error in the sentences imposed upon defendants, and these also must be overruled since the record shows the time had arrived for their imposition and they are in the form prescribed by statute.
The assignments of error are all overruled, the judgments and sentences of the court below are affirmed and the records are remitted for purposes of execution.
Reference
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- Syllabus
- Criminal law — Murder—Evidence—Confession—Severance. 1. Where defendants are tried together, a confession of one of them may be admitted in evidence, though made after the crime was committed, provided the trial judge cautions the jury that it must be given no effect except as against the party making it. 2. This rule applies though the other defendants may be incidentally prejudiced; if they did not wish to take this risk they should have asked for a severance. Appeals — Assignments of error — Criminal law — Sentence. 3. An assignment alleging error in imposing sentence will be overruled if the record shows the time has arrived for its imposition, and it is in the form prescribed by statute.