Commonwealth v. Brown

Citations

• 66 Pa. Super. 519
• 1917 Pa. Super. LEXIS 309

Syllabus

<p>Criminal law^ — Evidence — Circumstantial evidence — Function of court and jury.</p> <p>The evidence as to the fact of a crime committed and its author, should he such as to exclude all rational theories, except that the crime existed and the accused was its author, and great care should he taken that this proof should he clear and unequivocal. No general rule can he laid down as to the quantity of circumstantial evidence which in any case will suffice. It is the duty of the trial judge after the evidence of the Commonwealth has been fully produced, to determine as a matter of law whether the proof has been sufficient in volume and quality to overcome the presumption of innocence, and thus put the accused to a defense. ></p> <p>Criminal law — Cruelty to animals — Circumstantial evidence— Case for jury.</p> <p>On the trial of an indictment for cruelty to animals by applying an acid to the feet of certain horses, there is sufficient evidence to carry the case to the jury where it is shown that the defendant was in the possession of fuming nitric acid mixed with sulphuric acid, purchased just before the condition of the horses’ feet was noticed, that he had visited the place where the horses were kept at-an hour when he had no reasonable excuse to be there, that he had been seen in close proximity to and observing the horses’ hoofs, and that the diseased condition of the hoofs was the probable result of the use of the acid in the possession of the defendant.</p> <p>Criminal law — Good reputation — Attach on reputation — Cross-examination of defendant's witness.</p> <p>On the trial of a criminal indictment, one of defendant’s witnesses who had been called to prove the good reputation of the accused, was asked if he was acquainted with a certain individual; not being so acquainted, the individual was directed to stand up. The witness was then asked if he had ever heard of the defendant having been arrested and taken before a magistrate charged with stealing an article