Commonwealth v. Beingo

Citations

• 217 Pa. 60
• 66 A. 153
• 1907 Pa. LEXIS 654

Syllabus

<p>Criminal law — Evidence—Good character — Charge.</p> <p>In charging the jury in criminal cases the trial judge is under no obligation to use any particular or set form of words. All that the prisoner is entitled to, even on trial for murder, is that the jury shall be accurately instructed as to the law applicable to every material phase of the ease which the jury may, under the evidence, be authorized to consider. ■</p> <p>Good character is an affirmative and substantive fact to be considered on the whole question of guilt, including reasonable doubt.</p> <p>The substance of the law as to good character is that it is not a mere makeweight but positive and substantive evidence in itself and entitled as such to go to the jury as a fact in the prisoner’s favor. If the jury is so instructed the duty of the judge is correctly performed, and if counsel for the prisoner want instruction in some preferred form they should request it in the usual way.</p>