Commonwealth v. Chapler

Citations

• 228 Pa. 630
• 77 A. 1013
• 1910 Pa. LEXIS 538

Syllabus

<p>Criminal law — Murder—Degree of crime — Use of deadly weapon— Presumptions — Charge—Answers to points.</p> <p>1. Conviction of murder in the first degree can be justified only as the commonwealth establishes by evidence a specific .intent to take life; and while the law regards the circumstance that a deadly weapon was used as evidence that a specific intent to kill existed, it is never so far conclusive as to such fact that the trial court may pronounce the intent to take life established as a matter of law. It is always for the jury to determine the intent by their own consideration of the evidence.</p> <p>2. The presumption from the use of a deadly weapon rises no higher than murder in the second degree. Under no circumstances, whether the party charged submits or does not submit, does the presumption rise higher.</p> <p>3. On the trial of an indictment for murder it is reversible error for the court to instruct the jury that they are bound to find a verdict of murder of the first degree. It is not only the right of the jury to ascertain the degree, but it is the right of the accused to have it ascertained by the jury, and a judge takes away one of the statutory rights of the accused when he undertakes to ascertain it himself.</p>