Commonwealth v. Latampa

Citations

• 226 Pa. 23
• 74 A. 736
• 1909 Pa. LEXIS 867

Syllabus

<p>Criminal law — Murder—Declarations of deceased — Evidence.</p> <p>1. At a murder trial the declarations of the murdered man are admissible, although made more than two hours after the shooting, and at a time when the deceased was able to walk a considerable distance, and although he did not die until the fourth day afterwards; and such declarations are admissible although a doctor told the deceased that the wound was not necessarily fatal, if it appears that notwithstanding such assurance the deceased believed that he was dying, and did in fact die from the wound. The test was the state of the mind of the deceased when making the declarations, and whether they were made under a sense of impending death.</p> <p>2. On such a trial the admission of evidence that the prisoner had a prejudice against natives of Calabria of whom the deceased was one, is not error. Such evidence in some degree tends to show motive, and is proper for the jury's consideration in determining the degree of the crime.</p>