Commonwealth v. Belserawitz

Citations

• 35 Pa. Super. 77
• 1907 Pa. Super. LEXIS 210

Syllabus

<p>Criminal law — Evidence—Good character — Reasonable doubt — Charge.</p> <p>On the trial of an indictment for assault and battery, the court commits no error in charging on the question of good character and reasonable doubt as follows: “Now, gentlemen of the jury, he has also introduced testimony here as to his good character. As I have said before, probably to some of you jurors, this is substantial testimony. You will take up the testimony upon the one side and the other here, and determine the guilt or innocence of this defendant. After having considered it, if there is a reasonable doubt of the defendant’s guilt, that doubt belongs to him, and should enure to his acquittal. It must be a reasonable doubt, gentlemen of the jury, it must be an honest one; one that springs from a fair, thoughtful, careful consideration of the testimony. If there is such a doubt it is a reasonable doubt, and should enure to the defendant’s acquittal. It has also been held, and it is a rule, that testimony as to the good character, which is substantial, may also of itself create a reasonable doubt in the minds of the jury. Of course, many persons are accused guilty of crime when, up to the time of accusation, they have had a good character.”</p>