Commonwealth v. Bednorciki

Citations

• 264 Pa. 124
• 107 A. 666
• 1919 Pa. LEXIS 605

Syllabus

<p>Criminal law — Murder—Evidence—Weapon — Declcwations of deceased— Degrees — Charge — Abstract question — Character •— Charge as to law — Presence of defendant in court — New trial — Assignments of error — Practice, Supreme Court.</p> <p>1. Where, on the trial of an indictment for murder, it is shown that a revolver with caliber similar to that used in the commission of the crime, was found in defendant’s room with one part removed, it is proper to permit the use of a like weapon, to demonstrate to the jury how the missing part could be removed.</p> <p>2. Declarations of a man who was murdered, made to his wife shortly before his death, are inadmissible, where there is no evidence that the deceased realized he was about to die, .and was without hope of recovery. The rule is the same whether such declarations are offered for or against the accused.</p> <p>3. Declarations of the person injured which tend to exculpate the accused, such as declarations expressing forgiveness or reluctance to prosecute, are not admissible, where they are not a part of res gestee or dying declarations.</p> <p>4. An offer at a murder trial, to prove that some months prior to the homicide, a man, other than the accused, had threatened to fix the deceased, and that such man had been in the vicinity on the day before the homicide, is inadmissible where there is nothing to connect the man with the offense.</p> <p>5. At a trial for murder the trial judge does not commit error by charging “We are concerned in the case only with the sort of murder in the first degree known as wilful, deliberate and premeditated.” This is different from saying “that sort of murder known as wilful, deliberate and premeditated.”</p> <p>6. It is proper in such a case to charge that the presumption is, that one who commits an illegal homicide is guilty of murder of the second degree, and that the burden is upon the Commonwealth to show such facts and circumstances as will raise the offense to first degree murder.</p