Commonwealth v. De Felippis

Citations

• 245 Pa. 612
• 91 A. 1059
• 1914 Pa. LEXIS 930

Syllabus

<p>Criminal law — Murder—Trials^—Motion for new trial — Failure to call witness — After discovered evidence — Appeals.</p> <p>1. An assignment of error complaining of the refusal of the court to grant a new trial in a murder case and alleging that “it appeared from the record that the only witness capable of giving direct evidence of the immediate circumstances of the shooting was unknown to defendant and although in attendance at the trial on a Commonwealth subpcena, was neither called to the stand nor was notice given to defendant of an intention on the part of the Commonwealth not to call the witness,” will be overruled where it does not appear that any such reason was advanced in the court below in support of the motion for a new trial; where the name of such witness is not set forth in the assignment; where it does not appear what his testimony would have been if called or that the defendant was prejudiced in any way by the failure to call such witness.</p> <p>2. A new trial in a murder case is properly refused although in support of the motion after-discovered evidence is alleged, where the only proof of such after-discovered evidence is the ex parte affidavit of defendant as to what he expects the witness to testify to if a new trial should be granted and where from the averments of the affidavit it does not appear that, if the testimony had been presented, it would have aided the defendant or have altered the verdict.</p> <p>Criminal law — Murder—Evidence—Flight—Threats;—Premeditation — Degree of guilt — Murder of first degree.</p> <p>3. On the trial of an indictment for murder, where there was evidence that the deceased had been shot by the prisoner and that thereafter the prisoner fled and placed himself in hiding, the trial judge made no error in charging the jury that “flight or concealment, therefore, gentlemen, is only a circumstance for your consideration together with all other circumstances in determining the degree of guilt if any.”</p> <p>4. In su