Commonwealth v. Daynarowicz

Citations

• 275 Pa. 235
• 119 A. 77
• 1922 Pa. LEXIS 483

Syllabus

<p>Criminal law — Murder—Charge—Degree—Question for jury— Appeals.</p> <p>1. Where all the elements of murder of the first degree are shown, although the jury could have found a less degree, it is not the duty of the appellate court on an appeal from a conviction of the higher offense, to resolve itself into a trier of the facts; that obligation is on the jury.</p> <p>Criminal law — Murder—Premeditation—Intention—Time.</p> <p>2. An intent to kill distinctly formed, even for a moment, is sufficient to support a conviction of murder of the first degree; it may be inferred from words and acts and the nature of the weapon used.</p> <p>3. The deliberation and premeditation required is not upon the intent but upon the killing.</p>