Rizzolo v. Commonwealth

Citations

• 126 Pa. 54
• 17 A. 520
• 1889 Pa. LEXIS 835

Syllabus

<p>1. An indictment for murder was found a true bill on January 9th, set ' down for trial on January 29th, and on that date continued on the prison- ■ er’s application. When called for trial on February 7th, the prisoner petitioned for a change of venue on the ground of alleged excitement and prejudice against him, and for a rule to take testimony. The court, offering to hear the testimony at bar, and the prisoner producing none, it was not error to dismiss the application.</p> <p>2. It appeared that the list of names certified to have been drawn and placed in the jury wheel for the year, by the jury commissioners, contained four names more than the order of court specified. In such case, if by mere accident the wheel contained too many names, it was a harmless irregularity which furnished no ground for quashing the indictment or the array of jurors.</p> <p>3. Where jurors, challenged for cause by the prisoner, had ail formed opinions of his guilt or innocence from what they had read of the matter in the newspapers, but all testified that they could render a verdict according to the evidence, uninfluenced by their previously formed opinions, it was not error to overrule the challenges.</p> <p>4. The prisoner was told by a subordinate detective that “ he had better tell the captain all he imew, and it would be better for him; ” after-wards. having been fully cautioned by the subordinate’s chief, the latter telling him, “ I can make yon no promise,.....anything you say to me 1 shall use against you,” made a full confession: in such case, the confession was admissible in evidence.</p> <p>,r>. The jury having returned a verdict that the prisoner was guilty of murder of the first degree, as the only judgment which could be passed was sentence of death, a record showing that the prisoner was called to the bar, and asked if he had “ anything to say why sentence should not be pronounced against him,” was sufficient in this respect to sustain judgment.</p>