Commonwealth v. Robzin

Citations

• 78 Pa. Super. 290
• 1922 Pa. Super. LEXIS 102

Syllabus

<p>Criminal law — Criminal procedure — Cross-examination of defendant — Previous offenses — Character evidence.</p> <p>In a prosecution for feloniously entering a dwelling and stealing whiskey, where the defendants called witnesses to prove good reputation, it was not error to permit the district attorney to ask them whether they had ever been in the “bootlegging” business.</p> <p>The Act of March 15, 1911, P. L. 20, provides that any person charged with any crime, and called as a witness in his own behalf, shall not be asked any question tending to show that he has committed, or been charged with, or convicted of any offense other than the one wherewith he shall be then charged, or tending to show that he had been of bad character, unless he shall have at such trial asked questions of the witness for the prosecution with a view to establish his own good character, or has given evidence tending to prove his own good character or reputation. It applies only to the defendant, not to his witnesses.</p> <p>Where the defendants, charged with stealing whiskey, have offered evidence of their own good character, it was not improper to permit inquiry into the situation, associates and occupation of the witnesses, produced to swear to the good reputation of the accused. If they were themselves persons of doubtful character, if they were engaged in the illegal sale of whiskey unlawfully obtained, it was proper for the jury to know of it in passing upon the effect to be given their testimony.</p> <p>Criminal law — Criminal procedure — Charge of court — Stealing whiskey — Sufficiency.</p> <p>On the trial of an indictment for felonious entry and for stealing whiskey, it was proper for the court to instruct the jury that they need not concern themselves as to the lawfulness of the prosecutor’s purchase of the whiskey. Whether in securing the whiskey the latter was guilty of a violation of the federal laws or not, it furnished no justification to the defendants for feloniously ente