Commonwealth v. Keegan

Citations

• 70 Pa. Super. 436
• 1918 Pa. Super. LEXIS 271

Syllabus

<p>Criminal law — Legality of arrest — Motion to quash after bail entered.</p> <p>A defendant in a criminal case may raise any question touching the legality of his arrest (such as an arrest without a proper warrant), upon a proceeding to be discharged from custody, but if he has given bail to answer, he cannot after indictment found, raise such a question on motion to quash.</p> <p>Criminal law — Asscmlt and battery — Settlement—Two different proceedings.</p> <p>An indictment for assault and battery will not be quashed in a criminal case on the ground of a full release of civil and criminal liability of the defendant given by the prosecutor in another criminal case in which the position of the parties were reversed, where it appears that the offense charged in the second proceeding was not a part of the transaction involved in the first proceeding.</p> <p>Criminal law — Arrest as affecting credibility.</p> <p>The mere arrest of a person does not affect his credibility.</p> <p>The conviction of any crime does not affect a witness’s credibility ; the crime must be such a one as affects his credibility.</p> <p>Appeals — Assignments of error — Remarles of counsel.</p> <p>Assignments of error based on alleged improper remarks of counsel will not be considered, where such remarks are not set forth in the record.</p> <p>Evidence- — Cross-examination—Discretion of trial judge.</p> <p>The latitude allowed in cross-examination is largely in the discretion of the trial judge.</p> <p>Criminal law — Charge—Failure to ash for further instructions.</p> <p>Where a charge is correct, but not as full as it might have been, it is the duty of counsel to ask the trial judge for further instructions. Failing to do so he cannot afterwards complain.</p> <p>Criminal law — Charge—Motion.</p> <p>A trial judge in a criminal case cannot be convicted of error because he says to the jury “where a motive is shown it is more likely that the defendant committed the crime than a man who had no motiv