Commonwealth v. Lee

Citations

• 226 Pa. 283
• 75 A. 411
• 1910 Pa. LEXIS 755

Syllabus

<p>Criminal law — Murder—Insanity—Charge of court.</p> <p>1. On the trial of an indictment for murder it is reversible error for the court to charge the jury that they might acquit the defendant if they believed from the evidence that at the time of the killing he was insane, but that they “should be fully satisfied of defendant’s insanity.”</p> <p>2. On the trial of an indictment for murder, it is manifest error for the court to charge as follows: “The burden of reducing the crime from murder to manslaughter where it is proved that the prisoner committed the deed lies on him, but it is incumbent on the commonwealth to satisfy you beyond a reasonable doubt of those facts and circumstances which constitute a crime of murder in the first degree. If you are satisfied beyond a reasonable doubt that malice did not exist, then the killing would be manslaughter.”</p> <p>3. Where on the trial of an indictment for murder the prisoner presents a point which is not applicable to the case under the evidence, a wrong answer to the point is of no consequence except it be shown that the defendant was prejudiced thereby.</p> <p>Mitchell, C. J., Potter and Elkin, JJ., dissent.</p>