Commonwealth v. Auerbach

Citations

• 71 Pa. Super. 54
• 1919 Pa. Super. LEXIS 27

Syllabus

<p>Criminal law — Assault and battery — Unlawful arrest.</p> <p>Where the court states that a policeman in order to have the right to arrest “must be acting within the scope of his duty and must be acting upon proper cause” the jury has sufficient instructions as to what the real issue is, and the failure of the court to elaborate further as to the meaning of the phrase “legal arrest” does defendant no harm.</p> <p>Evidence — Credibility of witness — Conviction of former crime.</p> <p>A witness may be asked of his conviction of crime for the purpose of attacking his credibility, and the extent of such cross-examination is largely within the discretion of the trial judge.</p> <p>Evidence — Credibility of witness — Verdict without judgment.</p> <p>In a criminal ease it will not be permitted to show that one of the witnesses plead guilty to the charge of selling liquor without license where there was no sentence in the case.</p>