Commonwealth v. Strail

Citations

• 220 Pa. 483
• 69 A. 866
• 1908 Pa. LEXIS 802

Syllabus

<p>Appeals — Paper-books—Statement of question involved — History of the case — Rules of court — Practice, Supreme Court — Murder.</p> <p>A paper-book even in a murder ease may be suppressed and the appeal quashed, if the. statement of the question involved and the history of the case are of unduly great length and filled with irrelevant and argumentative matters.</p> <p>Criminal law — Murder—Degree of crime — Charge—Points.</p> <p>Where the only issue in a murder trial is whether the crime was murder of the first or of the second degree, a trial judge cannot be charged with insufficiently charging the jury, if he fully and accurately defines murder with its essential elements, and presents the statutory distinction as to degrees, the circumstances affecting the distinction such as the premeditation, the time required to be shown to sustain a finding as to it, and the failure of presumption from the killing to rise above murder of the second degree.</p> <p>Where in a murder trial points are presented involving circumstantial reference to the particular case, the court commits no error in affirming the points with qualifications in reference to matters improperly excluded, or to matters not specified, but which should have been included.</p>