Commonwealth v. Russogulo

Citations

• 263 Pa. 93
• 106 A. 180
• 1919 Pa. LEXIS 379

Syllabus

<p>Criminal law — Murder — Charge — Fair preponderance of evidence.</p> <p>1. On the trial of an indictment for mnrder it is not error for the trial judge in his charge to say that the “burden rests upon a defendant, alleging self-defense, to establish it by the preponderance of the evidence.” The use of the word “fair” before the word “preponderance” is not essential.</p> <p>Criminal law — Murder—Charge—Adequacy of charge — Absence of request for instructions.</p> <p>2; Upon a trial for murder the judge should give a general review of the evidence on the one side and the other, which fairly and adequately presents the respective contentions of the parties; but the manner in which the evidence shall be dealt with must of necessity depend upon the circumstances in each ease, and to a degree upon the line of arguments pursued by counsel in addressing the jury.</p> <p>3. In the absence of a request for more specific instructions the charge will not be held to be inadequate, albeit the evidence on one side might properly have been more fully referred to.</p> <p>Criminal law — Murder—Excerpt from charge — Assignment of error.</p> <p>4. An excerpt taken from a particular part of the charge, and assigned as error, is not a ground for reversing a conviction in a murder case, where it appears that the excerpt taken with its context correctly states the law.</p> <p>Criminal law — Murder—Charge—Failure to charge as to presumption of innocence.</p> <p>5. Failure by the trial judge to instruct the jury as to the presumption of innocence of the defendants in a murder case, is not a ground for reversal, if it appears that the judge properly and fully instructed the jury on the question of reasonable doubt; and particularly is this the case where defendant’s counsel did not direct the judge’s attention to the omission, before the jury retired, or thereafter and prior to the rendition of the verdict.</p> <p>6. The presumption of innocence is the reason which gives rise to and forms