Commonwealth v. Sutton

Citations

• 205 Pa. 605
• 55 A. 781
• 1903 Pa. LEXIS 623

Syllabus

<p>Homicide— Charge-of court — Degrees of murder — Instructions as to manslaughter.</p> <p>In the great caution exercised in the trial of homicides, the instruction as to manslaughter should usually be given. It is only in clear cases that it can properly be omitted, whether specially requested or not. In a homicide case where there is no room for doubt that the crime is not manslaughter, it is nol error to refuse instructions as to that offense.</p> <p>It is always the duty of the jury to ascertain the degree of murder, and an imperative instruction that takes from them the right to do so is erroneous ; but it is always within the province of the court to point out their duty under the law and the evidence, leaving them free to act.</p> <p>The reason for the rule that the jury must always be left free to act in ascertaining the degree, and that it is error to give peremptory instructions on the subject, is that this duty is committed to the jury by the statute. But there is no such requirement in distinguishing between murder and manslaughter, and unless there is something in the testimony to reduce the grade below murder, it is not error to decline to instruct the jury as to manslaughter.</p>