Commonwealth v. Cleary

Citations

• 135 Pa. 64
• 19 A. 1017
• 1890 Pa. LEXIS 1152

Syllabus

<p>1. On the trial of a criminal charge, evidence of the good character of the defendant is always admissible, and it is to be weighed and considered by the jury in connection with all the evidence in the cause; in some instances it may of itself create the reasonable doubt which will entitle the accused to an acquittal: Heine v. Commonwealth, 91 Pa. 145.</p> <p>2. Such evidence, on the trial of an indictment for murder, is applicable to the degree of the crime, as well as to its commission by the accused; and, although the commission of the homicide be conceded and the only dispute be as to whether it was murder of the first degree, it is to be submitted for due consideration: Hanney v. Commonwealth, 116 Pa. 323.</p> <p>3. An instruction that “good character is always of importance and is evidence to be duly considered by the jury, and may turn the scale when there is a reasonable doubt as to the degree or grade of the crime,” thus limiting the benefit of good character to cases where the guilt of the accused is otherwise doubtful, is erroneousKilpatrick v. Commonwealth, 31 Pa. 198, explained.</p> <p>4. When the life of an accused may depend upon a single word, the use of language in a charge cannot be attended to with too much care; and it is the duty of the Supreme Court, when reviewing it, to weigh every word carefully, without conjecture as to how far the jury may have been influenced by an erroneous instruction: Per Mr. Chief Justice Paxson.</p> <p>5. It is not competent to prove the state of intoxication of a defendant, at the time of committing a homicide, by showing the condition of a companion who had been drinking with him and had taken the same number of drinks, although it is proposed to follow the offer with proof that defendant was of a nervous temperament and younger than his companion.</p> <p>6. On a trial for murder, it is not error to charge that, when not committed in the perpetration or attempt to perpetrate any of the felonies specified in § 74