Commonwealth v. Ross

Citations

• 266 Pa. 580
• 110 A. 327
• 1920 Pa. LEXIS 618

Syllabus

<p>Criminal law — Murder—Self-defense—Burden of proof — Reasonable doubt — Evidence.</p> <p>1. Self-defense in a murder case is an affirmative defense as to which the burden of proof rests upon defendant, but it is not necessary to establish it beyond a reasonable doubt. A fair preponderance of the evidence is all that is required; and it is reversible error to charge that “where any doubt on that subject exists self-defense is not established,” inasmuch as there may be a doubt as to a fact established by the preponderance of the evidence.</p> <p>2. Such a statement is equivalent to saying that self-defense must be established beyond a doubt, which is incorrect, for it ignores the distinction between fairly preponderating evidence, and that which is beyond a reasonable doubt.</p> <p>Criminal law — Murder—Charge of court — Misstatement of law —Reversible error — Harmless error — Technical objections.</p> <p>3. Courts will not be astute to sustain technical objections in a criminal trial, when substantial justice has been accorded defendant; but where clear error appears in the charge upon the vital and controlling defense set up, the appellate court cannot judicially say that no harm was done the defendant, and, therefore, no reversible error was committed.</p> <p>4. A misstatement of the law in one part of the charge is not cured by a correct statement thereon in another part, as it is impossible to know which the jury accepted.</p> <p>Criminal law — Murder—Chai'ge—Reasonable doubt — Opinion of one furor.</p> <p>5. One part of a charge may clear up that which is obscure but cannot cure that which is legally wrong in another part, unless the latter be withdrawn.</p> <p>6. On the trial of an indictment for murder it is not error for the trial judge to refuse to charge that “if the jury or any member of the jury have a reasonable doubt of the guilt of the defendant, defendant must be acquitted.” To Send a jury out with instructions that they must acquit if one of their