Commonwealth v. Croson
Citations
- 243 Pa. 19
- 89 A. 821
- 1914 Pa. LEXIS 570
Syllabus
<p>Criminal law — Homicide—Self defense — Evidence — Cross-examination — Reputation—Charge to jury — Inadequate charge.</p> <p>1. On the triallof aniindictment for murder where the defendant admitted the killing but contended that the act was done in self defense, and it appeared that defendant had been the host at a party at which deceased was present; that deceased had acted in an outrageous and violent manner, using vile language and assaulting other members of the party; that when deceased had gone outside the house, several shots were heard; that after being induced by defendant to leave the house he had come back and approached defendant, who was seated by the fire, threatening to kill him, whereupon defendant raised his shotgun and shot deceased dead, the court erred in limiting the cross-examination of the witnesses for the Commonwealth to what took place at the particular instant when the' shots were fired. It was the right of the. defendant to have all the facts connected with the shooting, fully and fairly disclosed by the prosecution, as well as by any witness which he might call in his behalf.</p> <p>2. Where in such case defendant offered evidence of good character the court erred in permitting the defendant to be cross-examined as to whether or not he had made statements years before to the; effect that he had shot a woman; and in allowing the Commonwealth to offer evidence in rebuttal of defendant’s denial that he had made such a statement, without any offer to prove that he had actually done such a thing. The evidence was not competent as affecting his reputation for good character at the time of the commission of the homicide or for years preceding it.</p> <p>3. The charge to the jury in such case was inadequate where the jury were merely told that defendant in his own house had rights that would not attach to one outside with means of fleeing or, escaping but were given no adequate explanation of the rights of one who, without fault of his own; is
Judges: Brown, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart
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