Commonwealth v. Palome

Citations

• 263 Pa. 466
• 106 A. 783
• 1919 Pa. LEXIS 454

Syllabus

<p>Criminal law — Murder—Homicide—Belf-defense —■Instruction to jury.</p> <p>In a murder trial, at which the accused set up a plea of self-defense, an instruction that the jury should first determine whether the accused was guilty, and, if so, of what crime, and, after having done so, they should then “take up the defense in the case,” is reversible error, inasmuch as the accused is entitled to have his plea and the testimony in support of it, considered by the jury in connection with the case as made out by the Commonwealth, from the moment the jury retires to deliberate upon their verdict.</p>