Commonwealth v. Emmett

Citations

• 77 Pa. Super. 396
• 1921 Pa. Super. LEXIS 282

Syllabus

<p>Criminal law — Practice, O. & T. — Continuance—Appeal.</p> <p>An application for eontinnanee of a trial on an indictment for arson, because of the illness of defendant’s wife, is addressed to the discretion of the trial court. Upon an appeal, where refusal of such an application is assigned as error, the question is not whether the appellate court would reach the same conclusion on the evidence, but whether there is any evidence to support the conclusion of the trial judge. Where there is such evidence the assignment of error will be overruled.</p> <p>Criminal law — Evidence—Testimony of cm accomplice — Practice, O. & T. — Charge of the court — Adequacy—Question on appeal.</p> <p>It is the practice of courts to admonish the jury of the danger of a conviction on the testimony of an accomplice and to advise against it unless he is corroborated to some extent. Where at the conclusion of his charge, the trial judge inquired whether anything had been overlooked and counsel stated that the court had “covered everything” appellant cannot complain that the charge was inadequate with respect to the weight to be given the testimony of an accomplice.</p> <p>Criminal law — Arson — Indictment — Ownership of building burned — Act of March 31,1860, P. L. J/.15.</p> <p>It is not necessary, under the Act of March 31, 1860, P. L. 415, that an indictment charging felonious arson and specifying several buildings shall contain an averment that each of the buildings burned was not the property of the defendant. The act provides that one who burns, or caused to be burned, “any other building by means whereof a dwelling house shall be burnt” shall be guilty of felonious arson.</p> <p>Cmminal law — Exemption from prosecution — Act of June 8, 1911, P. L. 658 — Investigation by state fire marshal — Testimony.</p> <p>One who was asked by the deputy state fire marshal how a fire occurred and who replied that “he didn’t know,” is not exempt thereby from prosecution on an indictment for arson.