Commonwealth v. Reed

Citations

• 234 Pa. 573
• 83 A. 601
• 1912 Pa. LEXIS 688

Syllabus

<p>Appeals — Assignments of error — Charge of court.</p> <p>1. An assignment of error quoting two distinct sentences in the charge separated by a page and a half of printed matter, is bad practice.</p> <p>2. Assignments of error criticising the charge in general terms, without quoting any of it ipsissimis verbis, are improper and will be disregarded.</p> <p>Criminal law — Murder—Degree of murder — Second degree— Manslaughter — Deadly weapon — Premeditation.</p> <p>3. Where the evidence on a trial of an indictment for murder has established a felonious homicide committed by the use of a deadly weapon upon a vital part of the body of the deceased, there is a presumption of murder of the second degree, and the burden is on the defendant to reduce the grade of the crime.</p> <p>4. On the trial of an indictment for murder it is not error for the court to charge the jury as follows: “It is not necessary that you find that he went to the house with the intent to kill; if he formed the intent to kill with a mind capable of forming that intent, an instant before he pulled that trigger, he is guilty of murder of the first degree.”</p>