Commonwealth v. Windish

Citations

• 176 Pa. 167
• 34 A. 1019
• 1896 Pa. LEXIS 1056

Syllabus

<p>Practice, O. & T. — Motion to quash indictment — Laches.</p> <p>It is not error for the court to refuse to quash an indictment when the motion which related to defects in the form of the writ of venire was not made promptly, but was delayed until the second term, and until after defendant had obtained a continuance of his case upon application. .</p> <p>Criminal law — Challenge for cause — Practice, O. & T.</p> <p>It is not error for the court to overrule challenges for cause which rest on the fact that the jurors described in the venire were misdescribed as to occupation, it sufficiently appearing that the persons called were the persons whose names had been drawn from the wheel, which is the important question on which such challenges depend.</p> <p>Criminal laxo — Improper remarks by counsel — Practice, O. & T.</p> <p>Addresses to the jury in criminal cases are under the supervision of the trial judge. If counsel indulge in a line of remark that is unfair toward the prisoner or that is calculated unduly or in an improper manner to excite the jury against him, it is the duty of the defendant’s counsel to call the attention of the court to it at the time and to ask the protection to which defendant is entitled. It is only an abuse of discretion that can be made a subject of appeal; and when it does not appear that the attention of the court was called to the alleged objectionable remarks they will not be considered upon exceptions subsequently taken.</p>