Commonwealth v. Ferko

Citations

• 269 Pa. 39
• 112 A. 38
• 1920 Pa. LEXIS 755

Syllabus

<p>Criminal law — Murder—Charge—Failure to instruct as to degree — Act of March SI, 1860, P. L. 1$2.</p> <p>A judge, in a murder trial, commits reversible error, where he states to the jury that the charge against the prisoner is murder of the first degree, and then repeatedly tells them that, if the homicide was committed in perpetrating or attempting to perpetrate a robbery, tbe prisoner was guilty of murder of tbe first degree, without any intimation that the Act of March 31, 1860, P. L. 402, expressly imposes upon the juiry the duty of fixing the degree of guilt, no matter what was charged -or proved by the Commonwealth.</p>