Commonwealth v. Wireback

Citations

• 190 Pa. 138
• 42 A. 542
• 1899 Pa. LEXIS 997

Syllabus

<p>Criminal law — Murder—Insanity—Opinion of witness — Evidence.</p> <p>■ Where, on the trial of an indictment for murder, the defendant alleges insanity, a witness for the commonwealth who has testified that for thirty-eight years he had been warden of a penitentiary and had studied, from the conduct of the prisoners, real and feigned insanity, may be permitted to testify that feigning insanity is common among criminals, and that at times it will deceive even experts.</p> <p>Where a witness testifies to acts and declarations of the prisoner, all of which are rational, the witness will not be permitted to answer this question : “ From what you saw of him do you think he was of sound, or unsound mind ? ”</p> <p>Where the prisoner alleges insanity for several months before the killing, the commonwealth may call as witnesses persons who were personally acquainted with the prisoner and who had transacted business with him within six months before the homicide, and may ask them whether they had noticed anything in his conduct or conversation irrational or indicating insanity at the times they saw and talked with him.</p> <p>Criminal law — Murder—Jury—Voir dire.</p> <p>A juryman on his voir dire cannot be asked, “ Would the neglect or refusal of defendant to testify in his own behalf create any presumption against him in your mind ? ”</p> <p>Criminal law — Murder—Insanity.</p> <p>Where insanity, whether general or partial, is set up as a defense to an indictment for murder, the degree of it must be so great as to have controlled the will of its subject, and to have taken from him the freedom of moral action.</p> <p>The individual belief of the prisoner as to right and wrong and that his act was justified, even if sincere, does not constitute a delusion, or a phase of insanity which, as to him, at the time excused his crime.</p> <p>A charge, on the defense of emotional insanity, that “ an individual who has sufficient intelligence to know that loading a pistol or gun, poin