Commonwealth v. Durlin

Citations

• 75 Pa. Super. 260
• 1920 Pa. Super. LEXIS 260

Syllabus

<p>Criminal law — Rape—Clwge of court — Review of evidence.</p> <p>In the trial of an indictment for rape, it is not necessary that a court should name all of the witnesses who testified in the case, or recite the details of their testimony which the jury has heard within a few hours. The extent to which a trial judge should review and comment on the testimony depends largely in the circumstances and nature of the case. Usually it must be left to his discretion, and if he refers impartially to both sides and does not unduly magnify the importance of proofs introduced by one party or belittle those introduced by the other, the court will not be reversed upon general exceptions of this character.</p> <p>A statement by the trial judge, referring to the defense of an alibi, that the defendant disclaimed all knowledge of the alleged offense and that he had endeavored to satisfy the jury by evidence that on that particular day he was elsewhere, is sufficient explanation of the meaning of an alibi and the nature of the defendant’s defense.</p> <p>Criminal law — Good character — Evidence—Instructions.</p> <p>The relevant importance of evidence of good character, when compared with the evidence tending to establish any other fact in a ease, is for the jury.</p> <p>Where the defendant presented a point requesting the instruction that “The jury should take into consideration that good character is of great importance in the evidence of this case,” an answer that “The evidence as to good character is of importance in this case only as other evidence tending to establish the innocence of the defendant,” is correct. The importance of any oral evidence is for the jury, and where the evidence as to the reputation of the defendant was not unchallenged, the weight to which the evidence was entitled was a matter for the jury.</p> <p>Criminal law — Trial—Remarks of counsel — Exceptions—Failure to take exception.</p> <p>On an appeal in a criminal case the remarks of counsel will not be