Commonwealth v. Foley

Citations

• 24 Pa. Super. 414
• 1904 Pa. Super. LEXIS 197

Syllabus

<p>Criminal law — Evidence—Comment upon defendant not presenting herself as witness — District attorney — Act of May 23, 1887, sec. 10, P. L. 158.</p> <p>Indictments were found against a woman for selling liquor without a license, selling liquor on Sunday, and for keeping a disorderly house. The three cases were tried together before a single jury. The defendant did not offer herself as a witness. The district attorney in his closing argument said : “You have this woman here without denial — ” when he was promptly interrupted by counsel for the defendant, and an exception taken to the statement. The court said : “ The above remark having been made by the district attorney while discussing the charge in the indictment against the defendant for keeping a disorderly house, the exception is noted for that charge, and bill sealed for the defendant.” The trial proceeded and the court directed a verdict of not guilty in the ease of keeping a disorderly house, but submitted the other cases to the jury, who returned a verdict of guilty upon which judgment of sentence was passed. Held, that the district attorney’s remark was in violation of the Act of May 23, 1887, P. L. 158, and that if it was objectionable as to one indictment it was equally so as to the others, inasmuch as all three were tried together, and the defendant did not offer herself as a witness in any.</p>