Commonwealth v. Smith

Citations

• 221 Pa. 552
• 70 A. 850
• 1908 Pa. LEXIS 531

Syllabus

<p>Criminal law — Murder—Charge—Refusal of instructions — Trial— Practice, O. & T.</p> <p>It is reversible error for the trial judge in a murder case, after the jury has returned and requested additional instructions, to refuse to answer' the questions asked by the jury, and to give them further and specific instructions upon the law as requested.</p> <p>In such a case it is immaterial that the court has already charged the jury upon the law of the case generally, or has given instructions which would answer the requést of the jury. The very fact that the jury, after having been in consultation, have failed to comprehend the instructions given in the charge and request further instructions is of itself sufficient to show the necessity of additional instructions.</p> <p>In capital cases, it is the duty of the trial judge to instruct the jury clearly and distinctly upon the law applicable to the facts disclosed by the evidence in the case. The instructions should be full, clear and explicit, giving to the jury all the law so far as it relates to the facts proved or claimed to be proved, if such facts are sustained by any evidence. The charge should be sufficiently explicit to enable the jury to apply the law to the facts of the case. It is not enough for a trial judge to charge upon abstract questions of law either in his own language or by reading from an opinion in an adjudicated case or from a textbook. The purpose of instructions given by the court is to explain fully and clearly to the jury the law applicable to the facts of the case under consideration, and when the trial judge has not succeeded in delivering instructions on the law in such way that they will be understood by the jury, his charge is inadequate and justly open to objection by the defendant.</p>