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Law School Case Briefs

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Commonwealth v. Drum

Supreme Court of Pennsylvania (1868) | 58 Pa. 9

4 min read

TL;DR: A defendant was charged with murder after a fatal stabbing during a fight. The court's jury charge provided foundational definitions for murder (first and second degree), manslaughter, and self-defense, establishing key distinctions based on malice, premeditation, provocation, and the duty to retreat.

Legal Significance: This case provides a classic and influential articulation of the common law and early statutory distinctions between murder and manslaughter. It defines key concepts like malice, premeditation, deliberation, "heat of passion," and the duty to retreat before using deadly force in self-defense.