Commonwealth v. Shoemaker

Citations

• 240 Pa. 255
• 87 A. 684
• 1913 Pa. LEXIS 658

Syllabus

<p>Criminal law — Manslaughter—Remarles of counsel — Reference to facts not in evidence — Refusal to withdraw juror — Practice, O. and T. — Recording remarles.</p> <p>1. When remarks to the jury are made by counsel to •which objection is made, it is the duty of the court when requested to direct the stenographer to place upon the record the remarks as the court understood them; failure to do so is error. In such case the counsel may place the remarks on the record by affidavit.</p> <p>2. In the trial of a ease it is error for counsel to state his own knowledge of facts, unless he has testified thereto as 'a witness, or to insinuate that he has knowledge of facts which are calculated to prejudice the opposite party.</p> <p>3. In the trial of an indictment for murder it is highly objectionable for the district attforney to say to the jury, referring to the flight and return of the defendant, “I will not say anything about his flight or- his return, as there are some things between the defendant’s counsel......and the district attorney which if divulged would certainly lead to his conviction,” or “they argue that his surrender is a token of innocence......It is not for me to say what passed' between his counsel......and myself and whether that confidence should or could secure his acquittal or conviction.” The district attorney is a quasi-judicial officer and should not press upon the jury any deductions that are not strictly legitimate. If he does so a juror must be withdrawn.</p>