Commonwealth v. Andrews

Citations

• 234 Pa. 597
• 83 A. 412
• 1912 Pa. LEXIS 695

Syllabus

<p>Criminal law — Murder—Evidence—Alibi—Erroneous charge.</p> <p>1. Where the main purpose of evidence adduced by a defendant in a murder trial is to establish an alibi, but not the only purpose, it is error for the court in its charge to confine the effect of such evidence to the one purpose of establishing the alibi.</p> <p>2. On the trial of an indictment for murder where the evidence against the prisoner is purely circumstantial, and the defendant offers evidence for the purpose in part of establishing an alibi, it is error for the court to charge in such a way as to leave the jury to understand that they are to scrutinize more closely the evidence offered to show absence of the defendant from the scene of murder when perpetrated, than that offered to show his presence at the time, on the ground that the former was open to the suspicion that it was the product of subornation and perjury.</p> <p>3. The measure of proof when the sufficiency of evidence offered to establish an alibi is the question, is simply that it shall be satisfactory. It need not be beyond doubt. Where the evidence raises a balancing question, and the mind is brought to determine its preponderance, there may be a doubt still existing in the mind, yet the actual weight may be with the prisoner; and this proof will be considered satisfactory.</p> <p>4. Proof of an alibi is as much a traverse of the crime charged, as any other defense, and proof tending to establish it while not clear, may, nevertheless with other facts of the case, raise doubt enough to produce an acquittal.</p> <p>Criminal law — Murder—Good reputation — Charge—Motive— Reasonable doubt.</p> <p>5. On the trial of an indictment for murder where twenty or more witnesses testify to the good character of the accused, the charge is wholly inadequate as to such testimony where it merely says “some twenty witnesses were called upon the part of the defendant to testify to the general good character of the defendant, as a peaceable, law-a