Commonwealth v. Nazarko

Citations

• 224 Pa. 204
• 73 A. 210
• 1909 Pa. LEXIS 756

Syllabus

<p>Criminal law — Murder—Charge—Belief of jury — Evidence.</p> <p>1. On a murder trial it is not error for the court to refuse a point as follows: “If the jury believe that the defendant at the time of the killing did not know the consequences of his act and did not do it in pursuance of a previously formed purpose or design, then the law does not regard him guilty of murder of the first degree.” Such a point should show that the belief must be based upon evidence. Otherwise the jury might feel at liberty to act upon a mere capricious belief.</p> <p>Criminal law — Murder—Intoxication as a defense.</p> <p>2. At common law intoxication was not a defense to a charge of murder, nor is it an absolute defense in this state. In Pennsylvania such a defense can be made for the purpose of affecting the degree of murder, but not to entirely absolve the perpetrator of the crime from responsibility to answer in some degree for his unlawful deed.</p>