Commonwealth v. Lisowski

Citations

• 274 Pa. 222
• 117 A. 794
• 1922 Pa. LEXIS 672

Syllabus

<p>Criminal law — Murder—Evidence—Declarations of a child five years old — Silence of defendant — Res gestae.</p> <p>1. The incompeteney of a child less than five years old to testify in a murder trial, does not preclude evidence as to her declarations made after the homicide, where they were heard by defendant and not denied by him, and this is the case although the declarations were not a part of the res gestee.</p> <p>Criminal law — Murder—Evidence as to previous offense — Act of March 15, 1911, P. L. 20.</p> <p>2. Where defendant in a murder trial produces evidence that he was a peaceable and law abiding citizen, and in his own evidence denies the commission of any previous offense of like character, the Commonwealth may show that he had previously been convicted of assault and battery.</p> <p>Criminal law — Murder—Evidence—Killing by assault with fists and feet — Charge—Reference to use of deadly weapon.</p> <p>3. On a murder trial where the evidence shows that defendant killed his wife by assault with fists and feet, a reference in the charge as to the effect of the use of a deadly weapon, is not ground for reversal, where it appears such reference had no application, and that it benefited rather than harmed defendant.</p> <p>Criminal law — Murder—Motive—Evidence.</p> <p>4. The proof of any motive for the taking of a life of another is not requisite to convict, where the actual intentional killing appears beyond any reasonable doubt.</p> <p>Appeals — Assignment of error — Criminal law — Murder — Sentence.</p> <p>5. On an appeal in a murder case, the sentence, which constitutes the final judgment of the court, is. an essential assignment of error.</p>