Commonwealth v. Mudgett

Citations

• 174 Pa. 211
• 34 A. 588
• 1896 Pa. LEXIS 874

Syllabus

<p>Criminal law — Murder—Evidence—Competency of witness — Husband and wife.</p> <p>On the trial of an indictment for murder, after evidence had been taken tending to show that the defendant was a married man, a witness purporting by name to be an unmarried woman was sworn and testified to facts tending to incriminate the defendant. No objection was made at that time to her competency. At a later stage of the trial she was recalled and testified that she had been married by a clergyman to the defendant, and that she had subsequently lived with him as his wife, supposing that she occupied that position towards him. She also testified to certain admissions of the defendant to the effect that he was a married man when he went through the ceremony of marriage with her. Held, (1) that as the witness was apparently competent, the burden of establishing her incompetency by proof of a lawful marriage between the defendant and the witness was upon the defendant; (2) that the trial judge committed no error of which the prisoner could complain in submitting the question of the legality of the marriage to the jury, and instructing them that if they found it to be legal they should reject the testimony of the witness altogether; (3) that upon the uncontradicted evidence the trial judge would have been justified in treating this question of competency as a question of law, and overruling the objection to the testimony of the witness.</p> <p>Criminal law — Murder—Opening address of district attorney.</p> <p>In a proper case it is the duty of the court to supervise the addresses of counsel so far as may be necessary to protect prisoners and parties litigant from injurious misrepresentations and unfair attack, and to prevent the jury from being misled; but it must be left to the sound discretion of the trial judge as to when this power should be- exercised, and he should not hesitate to act where the fair administration of justice requires him to do so.</p> <p>In opening the trial of