Commonwealth v. Carter

Citations

• 272 Pa. 551
• 116 A. 409
• 1922 Pa. LEXIS 867

Syllabus

<p>Criminal law — Murder—New trial — After-discovered evidence— Credibility of witness — Act of April 22, 190S, P. L. 21¡£.</p> <p>1. Where, after a conviction of murder of the first degree, a motion for a new trial is filed, and defendant is given fifteen days to file affidavits and depositions in support of his motion, which he fails to do, and seven weeks later a new trial is refused, defendant is not entitled to a rehearing in the absence of any explanation of his failure to take advantage of the previous opportunity given him.</p> <p>2. After-discovered evidence having for its purpose only the impeachment of the credibility of witnesses, furnishes no sufficient reason for a new trial.</p> <p>3. Where there is positive evidence that the deceased was shot with a revolver containing shells of a certain size, and that the revolver was wrenched from defendant at the time, after-discovered evidence that defendant also possessed other and larger shells, is insufficient upon which to base an application for a new trial.</p> <p>4. In such case the Supreme Court will not enter an order for additional inquiry by the court below as provided by the Act of April 22, 1903, P. L. 245, even if a petition had been presented to the Supreme Court in the manner provided by the act, which was not done.</p>