Commonwealth v. Combs

Citations

• 216 Pa. 81
• 64 A. 873
• 1906 Pa. LEXIS 564

Syllabus

<p>Criminal law — Murder—Degree—Presumption—Charge of court.</p> <p>On the trial of an indictment for murder, the court charged as follows: “So when you come to measure it up, the question is, whether the degree of guilt here rises above second degree. There is no presumption at the start that it is higher than that, unless in this case from the circumstances, the use of a deadly weapon at a vital part, with the presumption that the party using it knew the consequences of his act, that he acted wilfully, deliberately and premeditatedly; if the evidence all shows wilful, deliberate and premeditated killing under those circumstances, with the intent to take life, then your verdict should be murder in the first degree. Otherwise, if there is a reasonable doubt as to that grade, it should be murder of the second degree.” Held, that the portion of the charge quoted could not be construed as an instruction to the jury that there was a presumption of murder of the first degree.</p> <p>Criminal law — Murder—Evidence. ■</p> <p>On the trial of an indictment for murder testimony was admitted to the effect that the prisoner had been arrested and convicted of disorderly conduct at the instance of the deceased. This was subsequently stricken put on the ground that the record of the conviction, which was the best evidence of it, had not been produced. The court in striking out the testimony said that there still remained, in the case considerable testimony as to the arrest of the prisoner at the instance of the deceased, from which the jury might determine that there was some ill feeling between them. Held, that the remark of the court was not error.</p>