Commonwealth v. Anthony

Citations

• 259 Pa. 65
• 102 A. 420
• 1917 Pa. LEXIS 515

Syllabus

<p>Criminal law — Murder—Murder of the first degree — Charge— Evidence — Cross-examination.</p> <p>1. A verdict of murder of the first degree was sustained where there was evidence to show that while the deceased and a third party were engaged in a fight the defendant heard the quarreling, came from a house some distance away, removed his coat, picked up a shovel, lifted the shovel with both hands and approaching the deceased from the back struck him a severe blow on the side of the head, from which blow deceased died.</p> <p>2. In such case the court committed no error in refusing a point charging that there was no evidence to establish an intent to take life.</p> <p>3. In such case the court committed no error in refusing to permit the attorney for the defendant to further cross-examine a witness produced by the Commonwealth in rebuttal to prove that the deceased had been seen at a specified time where such further cross-examination related to the location of other parties subsequent to the time testified to by the witness.</p>