Commonwealth v. Newman

Citations

• 276 Pa. 534
• 120 A. 474
• 1923 Pa. LEXIS 628

Syllabus

<p>Criminal law — Murder—Robbery—Evidence — Presumption of law — Reasonable doubt — Question of fact — Charge—General exception — Appeal.</p> <p>1. Where property stolen, at the time of a murder is subsequently found in the possession of the defendant, and his explanation of his possession of the property is not only entirely unconvincing, but bears on its face evidence of bad faith, the jury have a right to weigh his statements against! him, in deciding the question of his guilt.</p> <p>2. The possession by a person of recently stolen property is evidence from which it can be found he is the thief, but the presumption is one of fact, not of law, and the jurors must pass on it as a part of the evidence against the accused.</p> <p>3. The jury must also judge of the explanation of the accused, which, even though not entirely believed, may raise a reasonable doubt of defendant’s guilt, or, if accepted as true, may overcome the presumption or inference against him, and require further proof from the prosecutor.</p> <p>4. If the explanation is rejected in whole or in part because unworthy of belief, this may serve to strengthen the case of the Commonwealth.</p> <p>5. An instruction that possession of the property by the defendant raises a presumption of law that the defendant stole it is not ground for reversal, where the jury is repeatedly informed that the truth and reasonableness of defendant’s explanation are matters for them and not for the court to determine.</p> <p>6. A trial judge need not repeat with each separate instruction the fact that the Commonwealth must prove every essential element of its case beyond a reasonable doubt.</p> <p>7. The court commits no error in refusing to affirm a point for defendant in a murder case, where no evidence produced by either side warrants the decision, of the case on the theory suggested by the point.</p> <p>8. Where defendant takes only a general exception to the charge, he is not in a position to complain of mere inadequac