Commonwealth v. Zoltowski

Citations

• 246 Pa. 410
• 92 A. 496
• 1914 Pa. LEXIS 528

Syllabus

<p>Evidence — Witnesses—Homicide — Insanity — Direct examination — Gross-examination—Jurors—Examination on voir dire.</p> <p>1. At the trial of an indictment for murder, a question asked defendant’s witness under direct examination: “Did you or did you not at any time observe a change of conduct on tbe part of tbis defendant in regards to bis mentality,” was leading, and an objection thereto was properly sustained.</p> <p>2. In such case, tbe court made no error in refusing to permit defendant’s expert witness to express bis opinion as to tbe defendant's insanity based on tbe evidence which he had heard in court, where such witness had previously stated his opinion as based upon his examination of the defendant, or in refusing to permit an expert witness testifying for defendant to state whether defendant was mentally responsible when he was suffering from an insane delusion, or to allow a lay-witness who had known defendant for eight or nine years and who described certain conduct of defendant, to state whether he considered that a rational or an irrational act.</p> <p>3. In such case, where defendant’s witness, having testified as to defendant’s reputation as a law-abiding citizen, was asked on cross-examination: “Do you know whether he (defendant) killed a man or not,” and replied, “I don’t know,” it was not error to refuse to strike out the question and answer.</p> <p>4. In such case, the court made no error in refusing to permit a juror examined on his voir dire to be questioned as to whether he had any conscientious scruples against insanity as a defense in a murder trial.</p> <p>Criminal law — Murder—Insanity—Charge to jury — Correct instructions.</p> <p>5. At the trial on an indictment for murder, it appeared that defendant met deceased in a street; that defendant who had a shoe box under his arm, walked up to deceased, pulled a pistol from the box, shot deceased twice and then turned and started to run, when he fired a third shot. The shots killed deceased.