Commonwealth v. Principatti

Citations

• 260 Pa. 587
• 104 A. 53
• 1918 Pa. LEXIS 571

Syllabus

<p>Criminal law — Murder—Self-defense — Voluntary manslaughter —Evidence—Threats—Remoteness—State of mind- — -Self-serving declarations — Character witnesses — Distinction between justifiable homicide and manslaughter — Remarles of district attorney — Reputation of deceased — Courts—Power to exclude hearers — Indications of distances, etc., by hands of witness — Record—Review on appeal —Presumption—Discretion of court — Collateral issues — Charge.</p> <p>1. In a trial for murder, where the defense is self-defense, the accused has the right to present evidence of alleged threats made by deceased against him and their effect upon him, as well as to prove his state of mind by his own or other competent testimony.</p> <p>2. At a trial for murder, it appeared that deceased and defendant had lived in the same boarding house; that one evening, defendant and several others were assembled in the dining room; that deceased walked up to a member of the group and said that he wanted to say something to him and beckoned him to follow; that the two walked into the yard when defendant appeared and shot deceased without warning, killing him; a stiletto, three loaded cartridges, and a razor were found upon deceased, and a pistol near the spot where the dead body lay. Thereafter, defendant admitted the killing and gave himself up to a constable. Defendant testified that he left the room for the purpose of going into the yard; that he saw deceased and the man whom he had called standing together; that when deceased saw him, he pulled his hand out of his overcoat pocket and defendant saw a revolver; and that when he saw that revolver, he pulled his revolver and shot; that he was so seared, when he fired the first shot, a minute or two afterwards he fired the second; defendant offered to prove that deceased had conversed with him about nine days prior to the killing; had said that he was a member of the Black Hand Gang, and had been sent to murder defendant for the reason that defendant