Commonwealth v. Mandela

Citations

• 48 Pa. Super. 56
• 1911 Pa. Super. LEXIS 337

Syllabus

<p>Criminal law — Evidence—Good reputation — Charge—Rape.</p> <p>1. On the trial of a criminal indictment, where the defense is an alibi and evidence of good reputation has been submitted, it is reversible error for the court to charge as follows: “A man may have a good reputation and yet commit a crime. Evidence of good reputation would not amount to much, if you were satisfied, beyond a reasonable doubt from the evidence, apart from that, that this is the man who committed the assault. Evidence of good reputation may have very great weight with you if evidence of the facts are not as clear as you might like to have them.”</p> <p>Criminal law — Form of verdict — Erroneous verdict — Rape.</p> <p>2. On the trial of an indictment for felonious rape where the defense is an alibi, it is error for the court to submit to the jury a form of verdict as follows: “Verdict either not guilty, or, not guilty of felonious rape, but guilty of attempt to commit felonious rape,” and if the jury returns a verdict of guilty of an attempt to commit felonious rape, such verdict will be set aside on appeal.</p> <p>3. There may be exceptional and clear cases where a verdict should be directed by the court in order to prevent injustice, but when a form of a verdict is submitted by the court to the jury, it should be so comprehensive as to include every kind of verdict the jury would be warranted in returning.</p>