Commonwealth v. Engle

Citations

• 73 Pa. Super. 138
• 1919 Pa. Super. LEXIS 189

Syllabus

<p>Criminal law — Arson—Character witnesses — Evidence of commission of other crimes — Limitation.</p> <p>A witness who has testified in chief to the good character of the defendant may be asked, on cross-examination, whether or not he had heard of certain offences, specifying them, charged against the defendant before the beginning of the then prosecution. This is allowable only on cross-examination, not as evidence affecting the character of the defendant, but as evidence affecting the credibility of the witness testifying to good character. Such inquiry is permitted only for the limited purpose of ascertaining the opportunities, sources and extent of knowledge of the witness on the point of the general reputation of the defendant, and not to show that he was probably guilty of the other offences.</p> <p>Practice, Q. 8. — Exhibits—Formal offers — Consideration by fury.</p> <p>It is not reversible error to refuse a new trial because a paper, that had not been formally offered in evidence was examined by the jurors in their room, where it appeared the paper was but a sketch of a floor plan drawn by the witness while on the stand to illustrate bis testimony; bad been examined by court and counsel and by each juror in the box, and bad been used in the argument of counsel as if admitted in evidence.</p>