Commonwealth v. Goldberg

Citations

• 4 Pa. Super. 142
• 1897 Pa. Super. LEXIS 98

Syllabus

<p>Criminal law — Province of court and jury.</p> <p>It is error for the court to charge the jury that they are not only judges of the facts but the law, accompanying that statement with the declaration that they might disregard anything that the court might say to them as to thé law in the case; and this erroneous instruction is not cured by saying to them that they were not likely to do that; although they were the judges of the law they would -likely take the view as expressed by the court as being correct, because it is presumed that the court would know the law better than they.</p> <p>Criminal law — Duty of jury as judges of law and fact.</p> <p>In criminal cases the jury has the right to determine the law and the facts under the direction of the court.</p> <p>It is the duty of the jury to take the best evidence of the law as it is to take the best evidence of the facts. When they refuse to do either they disregard their duty and their oaths. The statement of the law by the court is the best evidence of the law within the reach of the jury.</p> <p>Jurisdiction, Q. S. — Receiving stolen goods.</p> <p>The Act of March 81, 1860, P. L. 438 does not confer upon the courts of O. & T. exclusive jurisdiction to try persons charged with the offense of receiving stolen goods, where a count for the same is joined with a count for larceny.</p> <p>Practice, Q. S. — Two counts, for larceny and receiving — Sow verdict should be framed.</p> <p>Whether an indictment containing two counts, one for larceny and the other for feloniously receiving the same goods knowing them to be stolen, will support a general verdict of guilty, not decided, the court being equally divided in opinion.</p> <p>Such difficulty can be avoided by directing the jury to determine by their verdict upon which count if either they find the defendant guilty.</p> <p>Practice, G. P. — -Trial—Inadequate charge.</p> <p>Giving undue prominence to the evidence on one side of a case, or of a fact in issue in the c