Commonwealth v. Rossi

Citations

• 47 Pa. Super. 297
• 1911 Pa. Super. LEXIS 152

Syllabus

<p>Appeals — Assignments of error — Charge of court — Paper-hook.</p> <p>1. An assignment of error to the whole charge which does not quote the charge will not be considered.</p> <p>Evidence — Leading questions — Practice, C. P. — Harmless error.</p> <p>2. In an examination in chief, questions may be put to lead the mind of the witness to the subject of inquiry; and they are allowed when it appears that the witness wishes to conceal the truth, or to favor the opposite party, or where from the nature of the case the mind of the witness cannot be directed to the subject of inquiry, without a particular specification of such subject.</p> <p>3. A verdict of guilty in a criminal prosecution will not be set aside because a leading question was put to a witness for the commonwealth, where the question elicited nothing in any way harmful to the defendant.</p> <p>Liquor laws — Sale without license — Evidence—Case for jury.</p> <p>4. On the trial of an indictment for selling liquor without a license it appeared that the defendant had on one occasion furnished two bottles of beer to a witness without pay, and that upon another occasion he furnished two additional bottles for which the witness laid upon a table in the defendant’s place of business, ten cents. The defendant was not present when the money was laid upon the table, but it was left there by the witness. It was the intention of the witness to pay for the beer when he left the money. There was no other evidence on the subject. Held, that it was for the jury to determine whether there had been a sale.</p>