Commonwealth v. McManiman

Citations

• 27 Pa. Super. 304
• 1905 Pa. Super. LEXIS 56

Syllabus

<p>Appeals — Assignments of error — Portions of charge — Trial.</p> <p>Part of a charge, which, taken by itself could be considered objectionable, may not be so considered when taken in connection with other portions of the charge. The trial court will be reviewed on the general effect of the charge and not upon sentences or paragraphs disconnected from the context which qualifies and explains them.</p> <p>Criminal law — Evidence—Conduct at time of arrest.</p> <p>Evidence of the conduct of one accused of a crime at the time of his arrest is competent to show consciousness of guilt. Resistance to arrest is evidence of fear of punishment, and if the resistance be violent, may be evidence of malice. The presumption is that one who is wrongfully accused will rely on his consciousness of innocence, while a guilty man will resort to violence in order that he may escape dreaded punishment. Such evidence is not sufficient of itself to warrant a conviction, but may have weight in connection with the other evidence in the case.</p> <p>An instruction that if the jurors believed the defendant resisted arrest after he was informed that the officers had a warrant for him and attempted to shoot the officers, and after his arrest expressed regret that he had not succeeded in so doing, they would be justified in finding him of a bold and lawless disposition, does not amount to a charge that they might convict the defendant because of this resistance, nor that it was evidence that he had a tendency to commit crimes of the character of that for which he was indicted.</p> <p>Criminal law — Evidence—Rebuttal—Accomplice—Robbery.</p> <p>Where on the trial of an indictment for robbery the prisoner denies that he had ever been in the company of an accomplice in the robbery until four days after the robbery, it may be shown in rebuttal that the prisoner and the accomplice were on intimate terms, and that they were together a short time before the crime was committed.</p> <p>Appeals — Assignm