Commonwealth v. Chiemilewski

Citations

• 243 Pa. 171
• 89 A. 964
• 1914 Pa. LEXIS 593

Syllabus

<p>Criminal law — Procedure—Writ of venire — Clerical errors — ■ Juries — Drawing of jurors — Jury commissioners — Act of April 10, 1867, Sec. 8, P. L. 68 — Act of March 18,187k, P- L. Jfi.</p> <p>' 1. A conviction of murder of the first degree and sentence of death will'not he reversed for clerical errors in the writ of venire in no way affecting the merits of the case.</p> <p>2. Where a writ of venire had been executed, but due to the use of an old- blank in which the name of a former judge of the court was printed, was improperly attested, although correct in other respects, it was not error for the court to refuse to quash the array of jurors and to allow the writ to be amended after its execution. The venire is only a precept to the sheriff to summon the jurors drawn, and having answered its purpose, cannot be assailed for any mere irregularity not affecting substantial justice.</p> <p>3. The opening of a jury wheel at the proper time and place in the presence of the sheriff and but one commissioner is not ground for quashing the array of jurors. The provision of the Act of April 10, 1867, P. L. 62, Sec. 3, that the jury commissioners and sheriff, “or any two of them,” shall draw panels of jurors from the proper wheel, is not changed by the Act of March 18, 1874, P. L. 46, which provides that a new panel may be chosen “if by accident, mistake or neglect of the sheriff or jury commissioners of any county, or either of them, the wheel aforesaid has been opened, unlocked or unsealed, except in the presence of such sheriff and jury commissioners, and a challenge to the array has been sustained for any of the last mentioned causes.” The purpose of the latter act is to provide a method of supplying jurors when a previous array has been quashed.</p> <p>Homicide — Evidence—Collateral crimes — Motive—Dying declarations — Charge to jury.</p> <p>4. The rule that evidence of collateral crimes cannot .be introduced on the trial of a homicide charge, is subject to an excepti