Commonwealth v. Fragassa

Citations

• 278 Pa. 1
• 122 A. 88
• 1923 Pa. LEXIS 461

Syllabus

<p>Criminal law — Murder—Evidence—Continuance of conditions— Presumption — Evidence—Charge—Mistalce—Practice.</p> <p>1. In a murder trial, evidence that defendant was a member of the “Black Hand Society,” two years before the killing, is admissible, where it is shown that one of the objects of the society was unlawful killing, and other evidence shows acts and circumstances explainable only on the theory that defendant retained membership in the organization and recognized its obligations and forms immediately before the killing.</p> <p>2. Things shown once to have existed must be presumed to continue in that state until the contrary is established by evidence either direct or presumptive.</p> <p>3. Where at the end of a charge in a murder case, counsel calls the attention of the judge to a mistaken statement of fact made by him, a conviction will not be reversed, where the judge tells the jury that they were to be governed by their own recollection, and counsel take no exception and make no further request.</p> <p>Criminal law — Murder—Refusal of new trial — After-discovered evidence — Discretion—Abuse.</p> <p>4. A new trial will not be granted after conviction in a murder trial, because of after-discovered evidence, where it appears that such evidence was easily obtainable by defendant, and should have been offered at the trial.</p> <p>5. Nor will a new trial be granted where the alleged new evidence is of little value and it does not appear that it was not obtainable before or during the trial.</p> <p>6. In such case there is no abuse of discretion in not granting a new trial.</p>