Commonwealth v. Martin

Citations

• 34 Pa. Super. 451
• 1907 Pa. Super. LEXIS 158

Syllabus

<p>Criminal law — Charge of court — Contradiction of testimony — Effect of plea of “not guilty” — Act of May 23,1887, P. L. 158, sec. 10.</p> <p>On the trial of a criminal case, where the defendant offered no evidence, except as to good character, the court cannot be charged with error in commenting upon the testimony of one of the commonwealth’s witnesses as to facts, as being uncontradicted, unchallenged, and undisputed. In such a case the plea of “not guilty” is not testimony in the case, nor is the evidence of good character contradictory of the testimony of the witness as to facts; nor can it be successfully claimed that the court in making such comment violated the Act of May 23, 1887, P. L. 158, sec. 10, forbidding an adverse reference to the failure of the defendant to testify in his own behalf.</p> <p>Criminal law — Inquiry of juror as to penalty — Charge of court.</p> <p>In a criminal case the trial judge cannot be charged with error, where in answer to a question by a juryman as to the penalty, he promptly tells the jury that they have nothing to do with the penalty, that that is a matter for the court exclusively, and that they should not consider it, or enter into any discussion about it, but that any recommendation of mercy or severity would be considered.</p> <p>The court may in a criminal case express its opinion respecting the evidence, where this is done without misleading or controlling the jury in the disposition of the case.</p> <p>Criminal law — Charge of court — Failure to agree.</p> <p>The time when the court will discharge the jury for failure to agree is ordinarily a matter of discretion with the trial judge. He may not impose penalties, nor should he subject to undue physical discomfort, but a failure to discharge the jury on request does not amount to coercion.</p> <p>Where in a criminal case the evidence against the defendant is positive, clear and not contradicted, the court commits no impropriety in impressing upon the minds of the jur