Commonwealth v. Matz

Citations

• 161 Pa. 207
• 28 A. 1079
• 1894 Pa. LEXIS 668

Syllabus

<p>Criminal law — Charge of court — Reading wrong statute to jury.</p> <p>Where on the trial of an indictment the jury is properly instructed as to the nature of the charge against the prisoner, it is not ground to reverse a judgment on a verdict of guilty that the court read to the jury the wrong section of the statute under which the indictment was drawn.</p> <p>Criminal law — Felonious wounding.</p> <p>On the trial of an indictment for felonious wounding, under section 81 of the act of March 81, 1860, P. L. 430, it is not error for the court to refuse to charge “that it is incumbent upon the commonwealth to show that the wound is dangerous to life.”</p> <p>Under the act, the length, depth, position or character of the wound is not made a part of the definition of the offence. The intent to commit murder is the felonious element, and the overt act in execution of that intent completes the offence.</p>