Commonwealth v. Wills

Citations

• 72 Pa. Super. 73
• 1919 Pa. Super. LEXIS 252

Syllabus

<p>Criminal law — Involuntary manslaughter — Proof of character— Evidence.</p> <p>Evidence of good character is substantive and positive proof in a prisoner’s behalf. It may give rise to reasonable doubt which would not otherwise exist by making it improbable that a man of such character would commit the offense charged. On a prosecution for involuntary manslaughter, arising out of an automobile accident it is not error for the court to charge as follows:</p> <p>“The question of the reputation of the defendant in any criminal case, of course, is to be considered. Where there is testimony of good reputation, it is a fact, a substantive fact which you are to take into consideration; but the only bearing that could have in this case would be as to the probabilities of how this accident happened, because it is not a question of careful driving in itself, or carelessness in the ordinary sense of those terms, provided there is that lack of proper care to protect parties who were on the street.”</p> <p>Criminal law — Involuntary manslaughter — Reasonable doubt — ~ Charge of court — Instructions to jury.</p> <p>In a prosecution for involuntary manslaughter the instructions by the court on the question of reasonable doubt that “the burden rests upon the Commonwealth in every case to satisfy you beyond any reasonable doubt, as to the guilt of the defendant,” are sufficient.</p>