Commonwealth v. Levine

Citations

• 74 Pa. Super. 491
• 1920 Pa. Super. LEXIS 180

Syllabus

<p>Criminal law — Larceny—Evidence—■ Witness — Charge of the court.</p> <p>On the trial of an indictment for larceny and for breaking into a freight ear, it is reversible error for the court to instruct the jury that if they found that one of the witnesses had sworn falsely then “it would be your duty as jurymen to disregard all the testimony of that witness because the witness who would wilfully testify to what he considered a material matter would not hesitate to testify falsely to any or all matters were he to consider it of advantage or benefit to him in so doing.”</p> <p>The rule is that if a witness wilfully and corruptly swears falsely to any material fact in the ease, the jury are at liberty to disregard the whole of his testimony. But the correct principle goes no farther than to say that the jury may disregard the testimony, not that they must disregard it.</p> <p>Practice, Q. S. — Exceptions to charge — General exception — Leave of court.</p> <p>If, disregarding the Act of May 11, 1911, P. L. 279, relating to the taking of exceptions, and following the common law practice, a general exception is asked of the trial judge and without requiring ,a statement of reasons, is really allowed by him, the appellant may assign all actual errors of law, and any material matter that is so inadequately presented, as to be calculated to mislead the jury.</p>