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Commonwealth v. Drum | 58 Pa. 9 (1868)

The differences among first degree murder, second degree murder, and manslaughter can be difficult for a lay person to understand. In Commonwealth versus Drum, the court gave extensive instructions to ensure that the jury fully understood their task.

The Commonwealth of Pennsylvania charged William Drum with murder for killing David Mohigan. The assigned judge recused himself before trial because he was related to Drum. So, Pennsylvania Supreme Court Justice Agnew presided over the case in the Court of Oyer and Terminer.

At trial, the Commonwealth alleged that Drum and Mohigan had fought a few times in the past and Drum had started carrying a dagger with him, intending to kill Mohigan the next time they crossed paths. Then one night, Drum came upon Mohigan fighting with the Miskelly brothers outside a saloon. So, while Mohigan was distracted, Drum stabbed Mohigan in the ribs and he died. Based on these alleged facts, the Commonwealth asked the jury to return a first degree murder conviction.

However, Drum claimed the dagger was his hunting knife and he had it that night because he was about to go on a hunting trip, not because he planned to stab Mohigan. According to Drum, he didn’t come upon Mohigan fighting with the Miskellys. Rather, Mohigan waited for Drum outside the saloon and punched him twice when he exited. Then the Miskellys came to Drum’s defense. But Mohigan fought them off and punched Drum in the face. Drum then stabbed Mohigan in the ribs, claiming he was cornered by some railing and couldn’t escape. Accordingly, Drum argued that his actions were justified as self defense or at most constituted manslaughter, not murder.

Before instructing the jury, the court considered the states of mind required for first degree murder, second degree murder, manslaughter, and self defense.

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