Commonwealth v. Doughty

Citations

• 139 Pa. 383
• 21 A. 228
• 1891 Pa. LEXIS 1006

Syllabus

<p>1. When, during a criminal trial, a prisoner in another case is called for sentence, and in a statement to the court implicates the defendant in an offence like the one on trial, it is not ground for arrest of judgment, after conviction, the defendant having been permitted to testify in denial of the statement.</p> <p>2. Three of the defendants on trial for conspiracy having testified on a former trial of a like indictment of themselves and others, it was not error to admit in evidence the stenographer’s notes of their testimony, as admissions on their part, so far as tending to prove a conspiracy and their participation in it.</p> <p>3. Where three of the defendants indicted for a conspiracy entered the plea of autrefois convict, referring to the record of the trial of a former indictment against them, a fourth defendant has no standing to appeal. from the order of the court sustaining a demurrer to the plea thus entered.</p> <p>4. Upon a verdict of guilty on the trial of an indictment averring a false and malicious conspiracy of the defendants to charge certain persons with a violation of the criminal laws, the defendants may be sentenced to three years imprisonment, under § 127, act of March 31, 1860, P. L. 413.</p> <p>5. On the trial of an indictment for conspiracy containing several counts, it is not reversible error to omit “ to instruct the jury to find on each count of the indictment separately, or generally,” when there is nothing in the record to show that the court was asked for such instruction.</p>