Commonwealth v. Scherer

Citations

• 266 Pa. 210
• 109 A. 867
• 1920 Pa. LEXIS 536

Syllabus

<p>Criminal law — Murder—Defense — Insanity — Charge — Inadequacy — Failure to request — Exceptions—Degrees—Evidence—Premeditation — Theory of case — Appeal—Assignments of error.</p> <p>1. On the trial of an indictment for the murder of the prisoner’s wife, the prisoner testified that at the time of the killing he was aroused from sleep by some noise behind him, and not being fully awake suddenly turned and fired his pistol without seeing his wife, or intending to harm her. The evidence for the Commonwealth tended to show the prisoner fired three shots, each with deadly aim; that he had recently bought a new revolver and made covert threats that something serious was to happen; that a letter written by him and addressed to his sister was found in his pocket, expressing regret for what he was to bring upon his family, and requesting that they visit him in jail, and arranging for the custody of his children; and that he stated immediately after he had surrendered himself that he had 'shot his wife because of her intimacy with a barber across the street from his house. The prisoner was sober at the time of the killing. There was some evidence of his insanity. Held, that a conviction of murder of the first degree should be sustained.</p> <p>2. In such a case where the prisoner’s counsel in his opening to the jury stated that the defense did not claim the prisoner was insane, but immediately thereafter, did state to the court, at side bar, that the defense was partial insanity, and evidence on that subject was introduced, the court committed no error in submitting the question of the prisoner’s insanity to the jury, and this is especially the case where the prisoner’s counsel made no objection at the time.</p> <p>3. Where counsel without objection permits the court to submit the case to the jury upon a certain theory, and takes his chances of a verdict, he should not be heard to complain.</p> <p>4. Where only a general exception is taken to a charge only basic fundamenta