Commonwealth v. Sutton

Citations

• 51 Pa. Super. 191
• 1912 Pa. Super. LEXIS 201

Syllabus

<p>Appeals — Assignments of error — Evidence—Remarles of counsel— Exceptions — Criminal law — New trial.</p> <p>1. Assignments of error to admission of evidence and alleged objectionable remarks of the district attorney in a criminal trial mil not be considered by the appellate court where the record fails to disclose any exceptions taken to the rulings or the remarks of the district attorney.</p> <p>2. Assignments of error to the effect that the court below erred in not allowing defendant a reasonable time to file reasons for a new trial or to prepare argument in support of the same, will not be considered, where the record does not show any request for such time, or that a motion or request for a new trial had ever been made.</p> <p>Criminal law — Assault and battery — Self-defense.</p> <p>3. One who is assaulted in such a way as to induce in him a reasonable and well-grounded belief that he is actually in danger of losing his life or of receiving great bodily harm, under the influence of such apprehension will be justified in defending himself. Where the danger was real or apparent, and though he be mistaken in his reasonable conviction, he will not be held criminally liable; but the right of self-defense does not include the right to indefinitely beat and wound the original assailant after he has been reduced to a helpless condition.</p> <p>Evidence — False testimony — False in one.</p> <p>4. If a witness willfully and corruptly swear falsely to any material fact in a case, the jury are at liberty to disregard the whole of his testimony, but the correct principle goes no further than to say that the jury may disregard the testimony, not that they must disregard it.</p>