Commonwealth v. Boschino

Citations

• 176 Pa. 103
• 34 A. 964
• 1896 Pa. LEXIS 1050

Syllabus

<p>Criminal law — Murder—Evidence.</p> <p>On an indictment for murder the evidence showed that the deceased was shot through the heart by a bullet. Three witnesses for the commonwealth testified that they were at or very near the scene of the alleged murder at the time it was committed, and that they saw and recognized the prisoner as the person who fired the fatal shot. One of the witnesses testified that immediately after the shooting he saw the prisoner running away. There was also testimony that shortly before the deceased was shot an altercation occurred between the prisoner and the deceased, that after the altercation the parties separated, and that the prisoner preceded the deceased on his way home and laid in wait for him. The evidence on behalf of the prisoner tended to show that at the time the fatal shot was fired he was not at the place where the shooting was done, but was then at his own house some distance away. Held, that a verdict of murder in tiie first degree should be sustained.</p> <p>Criminal law — Practice, O. & T.</p> <p>The court cannot be convicted of error in not giving instructions that were not requested by the party.</p> <p>Criminal law — Flight or concealment.</p> <p>On the trial of an indictment for murder, where it appeared that when defendant saw he was accused of having committed the crime he fled and concealed himself, which he explained at the trial was done to escape personal injury at the hands of the accusers, and at the urgent request of his wife and friends, it is not error to charge that, “When a crime has been committed, and the person accused thereof knows he is accused, and then flees or conceals himself, such conduct is evidence of consciousness of guilt, and in connection with other proof may be the basis from which guilt may be inferred.”</p>