Commonwealth v. Disalvo

Citations

• 275 Pa. 70
• 118 A. 559
• 1922 Pa. LEXIS 454

Syllabus

<p>Criminal law — Murder—Interference with witnesses — New trial —Appeal.</p> <p>1. On an appeal in a murder case, the appellate court cannot consider a complaint as to the Commonwealth’s interference with defendant’s witnesses where such question was passed upon by the court below on a motion for a new trial, and there is nothing in the record which would enable the appellate court to review the merits of such collateral proceeding.</p> <p>Criminal law — Murder—Evidence—Intoxication—Self-defense.</p> <p>2. Where defendant in a murder case relies solely upon self-defense, he cannot complain that the trial judge failed to instruct the jury as to the effect of intoxication on his mind.</p> <p>Criminal law — Murder—Evidence—Friendly relation between prisoner and deceased — Cross-examination—Discretion—Abuse.</p> <p>3. It is not reversible error for the court to refuse to admit on cross-examination evidence of a friendly relation between the prisoner and deceased, where the materiality of the evidence does not appear, and no abuse of discretion is shown.</p> <p>4. If such evidence was deemed material, it might have been offered as part of defendant’s case.</p> <p>Criminal law — Murder—Bloodstains—Res gestee — Evidence.</p> <p>5. It is proper in a murder ease to permit the mother of the deceased to testify that marks on her apron, which she produced, were bloodstains, where it appears that such evidence tended to corroborate the testimony of the witness, and was part of the res gestas.</p> <p>Criminal law — Murder—Evidence—Stenographer’s notes.</p> <p>6. On a murder trial it is proper to permit a stenographer to refresh her memory from the transcribed copy of her notes of statements made by a witness in an interview in the county jail, where it appears that she personally transcribed the notes, and that no attempt was made to offer them in evidence.</p> <p>Criminal law — Murder—Witnesses without knowledge of English — Cross-examination—Evidence.</p> <p>1. On a murder tri