Commonwealth v. Gibbons

Citations

• 3 Pa. Super. 408
• 1897 Pa. Super. LEXIS 31

Syllabus

<p>Criminal law — Evidence—Expert testimony.</p> <p>No clearly defined rule is to be found in the books as to wliat constitutes an expert. Much depends upon the nature of the question in regard to which an opinion is asked.</p> <p>Opinions of witnesses are in some cases admissible as evidence even when not coming properly under the head of expert testimony.</p> <p>Criminal law — Evidence of general and particular reputation.</p> <p>Defendants have a right to submit their reputation as peaceable, law abiding citizens as positive evidence and it is error to permit the commonwealth to seek to overcome the effect of this by proving a special ami particular reputation as an abortionist, abortion being the crime charged</p> <p>Criminal laio — Evidence as to character.</p> <p>In an indictment for procuring abortion evidence having been given as to defendant’s general good character it was error to permit the commonwealth’s witnesses, called in rebuttal, after stating that the character of defendant as a peaceful, law abiding citizen in his community was “ bad ” or “ not above reproach” to answer affirmatively questions touching his particular reputation as a procurer of abortion.</p> <p>Criminal law — Discretion of court limiting number of witnesses.</p> <p>After a reasonable number of witnesses have been called, it is not aiding the administration of justice to multiply the proof, and the trial judge being belter able to decide when to stop than the appellate court, his discretion will not be reviewed unless it is apparent that the defendant has been injured.</p> <p>Criminal law — Clerical error in docket entries — Q. S. and O. & T.</p> <p>The clay of mere technicality is past, and,courts will look more at substantial justice than artificial nicety. An assignment will not be sustained where the record shows that an indictment, trial and recognizance were had in the quarter sessions though the docket entries by clerical error were kept in the oyer and terminer. The defenda