Commonwealth v. Green

Citations

• 233 Pa. 291
• 82 A. 250
• 1912 Pa. LEXIS 818

Syllabus

<p>Criminal law — Murder—Adverse comment on prisoner’s failure to offer himself as a witness — Acf of May £3,1887, P. L. 158 — Evidence— Charge of court.</p> <p>1. Where on the trial of an indictment for murder it appears from a written statement of the prisoner to the police offered in evidence by the commonwealth that the prisoner had found some of the effects of the deceased and had given them to another person, and the prisoner does not take the stand on his own behalf, it is reversible error for the district attorney to say to the jury: “There is no one on earth who can tell how these things came into the possession of the prisoner, but the prisoner.” Such a remark violates the Act of May 23, 1887, sec. 10, P. L. 158, which forbids adverse comment upon the fact that the defendant in a criminal case does not offer himself as a witness.</p> <p>2. A written statement of the prisoner in a murder case offered by the commonwealth, and denying guilt, should be referred to in the charge of the court.</p>