Commonwealth v. Curcio

Citations

• 218 Pa. 327
• 67 A. 643
• 1907 Pa. LEXIS 517

Syllabus

<p>Criminal law — Murder—Jury—Challenge for cause — Capital punishment.</p> <p>Where a person called for jury service on the trial of an indictment for murder states that he has formed an opinion, that this opinion will be an element in the case, and that it would continue until the evidence should overcome it, he is properly challenged for cause by the commonwealth.</p> <p>Where a juror states that he has conscientious scruples against capital punishment, but testifies that he could render a verdict according to the evidence, though it would worry his conscience, the discretion of the trial judge in sustaining the commonwealth's challenge for cause is not ground for error.</p> <p>Criminal law — Murder—Evidence—Refection of evidence.</p> <p>On the trial of an indictment for murder the trial judge cannot be convicted of error in rejecting evidence, where it appears that even if the testimony had been admitted, it was immaterial for the purpose of affecting any ground of defense set up by the accused. In such a case the rejection of the testimony does the defendant no harm.</p>