Commonwealth v. Cornelly

Citations

• 7 Pa. Super. 77
• 1898 Pa. Super. LEXIS 239

Syllabus

<p>Evidence — Impeaching and defending character of witness — Charge of court.</p> <p>Greater latitude is allowed in supporting than in attacking the character of a witness. If the party making the attack is allowed to choose his own time and neighborhood, it may be difficult in many cases to parry an attack. The witness in vindication is not confined to the same time and place. It is some evidence as to character that witnesses called have never heard ill of the person in question.</p> <p>The above rules on this subject as laid down in the opinion of Mr. Justice Rodgers in Morss v. Palmer, 15 Pa. 51, were in extenso read to the jury. Held, that it was a proper course for the trial judge to pursue as the principles have been repeatedly recognized by the Supreme Court and are uniformly followed in practice.</p> <p>Charge of court — Adequate comment on evidence.</p> <p>A charge is not open to exception as to its comments on the evidence where the trial judge expresses no positive opinion nor any view intended to be binding on the jury, but where on the contrary he expressly leaves it to the jury to consider and pass upon all the questions referred to in the specifications of error.</p>