Commonwealth v. Deutsch

Citations

• 72 Pa. Super. 298
• 1919 Pa. Super. LEXIS 307

Syllabus

<p>Criminal procedure — Juries—Challenge of array.</p> <p>A challenge of the array of jurors, because the record fails to affirmatively show that the jurors purporting to have been drawn and summoned, were drawn from the body of the county wherein the trials were held, is properly overruled, where the record shows that the venire was issued in pursuance of the precept to the sheriff and jury commissioners, and that the sheriff returned a list of names with the residence of each individual attached. The court has the right to presume that the jury wheel was filled in the manner prescribed by law and, under such presumption, no names other than those qualified according to law to serve as jurors within the particular county, could have been drawn.</p> <p>Criminal procedure — Prosecuting officers — Counsel for the Commonwealth.</p> <p>An objection on the part of the defendant to the admission of the district attorney of another county to assist in the prosecution is without merit. Where, in an indictment for conspiracy, the venue is changed in accordance with the order of the Supreme Court, the district attorney of the county to which the case was sent became the responsible head of the prosecution; he had the right to associate with him the district attorney of, the county in which the offense was committed, or any of his assistants, and the defendant had no legal concern with the personality of those selected by the Commonwealth, to conduct the prosecution.</p> <p>Criminal procedure — Challenge for cause — Opinion of the court.</p> <p>The challenge of a juror for cause is addressed to the trial judge and much weight must be given to his judgment in passing upon it. He has all the advantages which a trained intellect possesses in drawing conclusions from the impressions gathered by the senses in the open examination of an individual juror under such cireumstancesl There necessarily resides in him a wide discretion and his conclusions are not to be reversed unless ther