Commonwealth v. Tenbroeck

Citations

• 265 Pa. 251
• 108 A. 635
• 1919 Pa. LEXIS 533

Syllabus

<p>Criminal law — Murder—Opinion—Witness—Rvidence—Reputation — Charge of jury — Separation of jury — Statements—Confession.</p> <p>1. On the trial of an indictment for murder, it is competent for a physician, who saw the deceased shortly after his death, to express an opinion of approximately how long the man had been dead, judging by the amount of heat he found in the body.</p> <p>2. Voluntary statements made by a defendant charged with murder as to the occurrence, may be used against him, although not containing a confession of guilt.</p> <p>3. Where a son, charged with murder of his father in their home, when no other members of the family were there, testifies that the killing was done by four negroes, it is competent to prove by neighbors, having means of observation, that no parties, like those described by the defendant, were seen going to or from the house, or in the neighborhood, on the afternoon of the occurrence.</p> <p>4. Where the trial judge on a trial for murder fully and accurately instructs the jury as to the value of good character as a defense, it is not error to add “but, where the jury is satisfied beyond a reasonable doubt under all the evidence, that the defendant is guilty, evidence of previous good character is not to overcome the conclusion which follows from that view of the ease.” It is only in the absence of other adequate instructions upon the question that such language is condemned.</p> <p>5. It is not error for the trial judge in a murder case to refer to the homicide as a felonious killing, where the defendant charges that the killing was the wilful and premeditated act of other parties.</p> <p>6. In a murder trial where the verdict is guilty of murder in the second degree, a temporary separation of the jury is unimportant and will not be considered, on appeal, as a ground for reversal.</p> <p>7. On an appeal from a conviction of murder in the second degree the judgment will not be reversed, where the judge states to the jury, after