Commonwealth v. Scouton

Citations

• 20 Pa. Super. 503
• 1902 Pa. Super. LEXIS 269

Syllabus

<p>Criminal law — Jury—Names of jurors — Act of April 14, 1834, P. L. 356.</p> <p>It is no ground for quashing an array of jurors in a criminal case, that some of the jurors were described in the slips placed in the wheel by their' initials, and not by their Christian names, there being neither allegation nor proof that the names by which the jurors were designated did not sufficiently identify them, and nothing to warrant the presumption that they were not the names used by themselves and their neighbors for that purpose.</p> <p>Practice, Q. 8. — Galling on judge of another district — Certificate.</p> <p>Where a certificate filed of record in a criminal case shows that a judge of another district presided at the trial pursuant to a call made by the president judge of the district in which the trial was held, it is no ground for a continuance that the certificate does not affirmatively set forth that the president judge of the district was disqualified or disableci, or that in his opinion the proper dispatch of the public business required that he should have the assistance of another judge.</p> <p>Practice, Q. 8. — Trial—Continuance.</p> <p>A motion for continuance is addressed to the sound discretion of the court, and except in clear cases of abuse of discretion, the refusal of the motion is not assignable for error, even if excepted to at the time.</p> <p>Evidence — Cross-examination—Practice, C. P.</p> <p>Where a witness testifies in his examination in chief as to what occurred on a particular occasion, cross-examination which does not relate to what was said on the occasion referred to in the examination in chief, and does not tend to show interest or bias is incompetent.</p> <p>Collateral matters should not be brought out on cross-examination merely for the purpose of laying ground for subsequent contradiction to affect the credibility of the witness.</p> <p>Evidence — Witness— Contradiction of witness.</p> <p>The stenographer’s report of the testimony of a wi