Commonwealth v. Duffy

Citations

• 49 Pa. Super. 344
• 1912 Pa. Super. LEXIS 328

Syllabus

<p>Criminal law — Conspiracy—Evidence—Hearsay—Motion to strike out.</p> <p>1. On the trial of an indictment for conspiracy it is reversible error for the court to admit as substantive evidence of an existing conspiracy, separate and disconnected acts and declarations of persons not defendants, nor shown in any way to have been connected with them, and made in their absence without the knowledge of any of them. Such evidence should not only not be admitted in the first instance, but it should be stricken out without motion, counsel should not be permitted tó comment upon it, and the jury should be directed to 'wholly disregard it.</p> <p>Criminal law — Practice—Special exception — Nunc pro tunc.</p> <p>2. Where the trial judge in a criminal case grants, after the trial, a special exception to parts of the charge, the commonwealth has no right to an exception to such special order of the court.</p> <p>3. Such special exception is within the discretion of the trial judge, and if properly allowed carries the charge up with the record for the consideration of the appellate court. Since the Act of May 11, 1911, P. L. 279, there is statutory authority for allowing the exception after verdict.</p> <p>Criminal law — Reasonable doubt — Charge.</p> <p>4. When a reasonable doubt within the meaning of the law and-under the evidence, exists, it is the property of the defendant, and must result in an acquittal. It is reversible error for the trial judge not to give sufficient and proper instructions in regard to reasonable doubt.</p>