227 Pa. 106 | Pa. | 1910
Opinion by
February 14, 1910:
All of the questions raised by the assignments of error were fully considered and disposed of by the learned trial judge in an opinion filed when the motion for a new trial was refused. Little, if anything, can be added to what the court below has
It is earnestly contended that the trial judge erred in instructing the jury as to the effect of the evidence offered to show previous good reputation, and that the instruction of the court disregarded the rule of our cases relating to evidence of this character. Com. v. Cate, 220 Pa. 138, and Com. v. House, 223 Pa. 487, are relied on to sustain this contention. In answer it may be said that these cases announce no new doctrine nor were they intended as a departure from the long-established rule applicable to evidence of good character in the trial of criminal cases. In Commonwealth v. Cate, the trial judge substantially instructed the jury that evidence of good character might be disregarded if from the other evidence in the case they were satisfied of the guilt of the defendant. This court held the instruction to be erroneous because such testimony is always admissible and is to be weighed and considered as evidence of a substantive fact and should be so regarded by both court and jury. In Commonwealth v. House, the facts were peculiar and the whole case turned on the identification of the defendant, who denied that he committed the crime charged or that he was near the place when the crime was committed. He was a stranger in the community, was by profession a teacher, did not know the woman who was stabbed on a public street, and no motive was shown for the act committed. The evidence of identification was conflicting and doubtful. The defendant stood alone upon his own testi
Assignments of error overruled, judgment affirmed and it is ordered that the record be remitted to the court of oyer and terminer of Lancaster county for the purpose of execution.