Commonwealth v. Harris

Citations

• 237 Pa. 597
• 85 A. 875
• 1912 Pa. LEXIS 971

Syllabus

<p>Criminal law — Murder—Degree—Question for jury — Charge.</p> <p>1. On a trial for murder the question of degree is always for the jury. It goes to them with the question of guilt, and an instruction that withdraws it is erroneous.</p> <p>2. At such a trial the judge charged: “The crime with which you have to do in this case, under the testimony, and according to the theory of the Commonwealth, is the kind known as a wilful, deliberate, premeditated killing. It is therefore necessary that you should have a distinct understanding as to what is meant by wilful, deliberate and premeditated killing.” This was followed by clear instructions on the subject, and the jury were repeatedly told that it was their duty to fix the degree. Held, that the charge did not take the question of degree from the jury.</p> <p>3. Under the Act of February 15, 1870, P. L. 15, the duty of the appellate court in reviewing the evidence on an appeal from a conviction of murder of the first degree, is limited to the inquiry whether competent evidence to sustain a conviction was presented by the Commonwealth. The credibility of the witnesses is for the jury.</p>