Commonwealth v. McCloskey

Citations

• 273 Pa. 456
• 117 A. 192
• 1922 Pa. LEXIS 598

Syllabus

<p>Criminal law — Murder—Jury—Opinion of juror — Prejudging case — Waiver—No challenge for cause — Discretion of court — New trial.</p> <p>1. Where the opinion of a juror as to the guilt of a prisoner indicted for murder, is formed prior to the trial, on common rumor and newspaper stories, but he states at the trial that he can fairly try.the case on the evidence, free from any such opinion, he should not be rejected as a juror.</p> <p>2. If the defendant knows at the trial that a juror has previously expressed an opinion as to his guilt, and questions him on the subject, and the juror denies having expressed such an opinion, and declares that he has no fixed view of the guilt of defendant, and no challenge for cause is interposed, the defendant, after conviction cannot assert the alleged conduct of the juror as a reason for a new trial.</p> <p>3. In passing upon such a question, much must be left to the discretion of the court below, and nothing short of palpable error will justify a reversal.</p> <p>Criminal law — Murder—Accomplice—Evidence — Testimony of accomplice — Charge.</p> <p>4. On the trial of an indictment for murder where the testimony of an accomplice has been admitted, the court should point out in a general way, not only such testimony, but wherein it is claimed to be contradicted and corroborated, and the jury should be told that they must closely scrutinize such testimony and accept it with caution.</p> <p>5. It is not the law that the jury should be advised not to accept such testimony until corroboration is apparent.</p> <p>Criminal law — Murder—Charge—Evidence—Discretion of court.</p> <p>6. While it is the duty of a trial judge, in a capital case, to fully instruct the jury as to the law applicable to the facts without any special Tequest on part of defendant that this be done, yet he is not required to recite all of the testimony in detail; the extent to which he should go is largely a matter of discretion.</p> <p>Criminal law — Murder—Degree —