Commonwealth v. Bober

Citations

• 59 Pa. Super. 573
• 1915 Pa. Super. LEXIS 122

Syllabus

<p>Evidence — Form of question to witness — Explanatory answer — Motion to strike out testimony.</p> <p>1. Where a question is put to a witness which cannot be answered as put, without including in the answer a statement of a fact as explanation, complaint cannot be made that the witness added the necessary explanation or qualification.</p> <p>2. A motion to strike out an entire answer of the witness is properly overruled where it appears that material portions of the answer were proper and legitimate.</p> <p>Criminal law — Assault—Evidence—Weapons.</p> <p>3. On the trial of an indictment for assault and battery where a policeman called as a witness produces certain weapons and states that they were handed to him by another officer when the defendant was arrested and the victim of the assault was lying a few feet distant, such weapons are properly admitted in evidence if it appeared that there was fresh blood on one of them, that they corresponded with the weapons which a witness described as having been used, and that the appearance of the wounds inflicted indicated that such weapons had been used.</p> <p>Appeals — Assignments of error — Evidence.</p> <p>4. Assignments of error to the admission of evidence which do not quote the answers of the witnesses to the questions propounded will not be considered.</p> <p>Criminal law — Evidence—AssawZi and battery — Participation in strike.</p> <p>5. Where on the trial of indictment for assault and battery committed during a strike, a witness for the defense is asked on cross-examination whether he had been arrested during the strike, and he answered that he had been, and objection is made that the question was irrelevant and not proper cross-examination, the court cannot be convicted of reversible error in overruling the objection, and especially so if it appears that the error, if any, was rendered harmless by the subsequent statement of the witness admitted without objection, and not contradicted, that he was duly tried a