Commonwealth v. Insano

Citations

• 268 Pa. 1
• 110 A. 248
• 1920 Pa. LEXIS 621

Syllabus

<p>Criminal law — Murder—Confession—Duress—Interpreter—Evidence — Stenographer—Appeal—Review.</p> <p>1. On trial of indictment for murder, a confession signed by defendant is properly admitted in evidence, where it appears defendant was an Italian, who, while he understood English to some extent, spoke through an interpreter; that his confession was translated into English by the interpreter, taken in shorthand, reduced to longhand, and the writing read to defendant in Italian by the same interpreter and in English by the district attorney; that defendant then signed all the pages of the writing; and that the interpreter and the witnesses who heard the examination, with the exception of the Stenographer, who was not called, testified as to what took place, the interpreter testifying that the interpretation was correct and was understood by defendant and that the statement was a correct transcription of defendant’s story.</p> <p>2. In such case, it is not material that the stenographer was not called, as his statement would add nothing of probative value relative to the competency of the writing. The correct practice is to call the interpreter.</p> <p>3. Testimony of a shorthand reporter, based on his notes, is incompetent to prove the testimony or statements of witnesses, given in a foreign language unknown to the reporter, and through an interpreter.</p> <p>4. Written statements by a defendant, deliberately and seriously prepared, are always admissible as substantive evidence in a case.</p> <p>5. If the defendant admits that the written confession signed by him, is correct, such writing becomes substantive proof.</p> <p>6. Objection made at the bar of the Supreme Court on appeal, that a confession was secured by. duress, threats and violence will not be considered, where there is no assignment of error covering it, and the record does not show that the confession when offered in evidence, was objected to on that ground.</p> <p>7. A verdict of guilty of murder of th