242 Pa. 510 | Pa. | 1914
Opinion by
The defendants were convicted in the court below of murder of the first degree. The crime was committed in the perpetration of a robbery, or at least in an attempt to perpetrate a robbery. The verdict was fully warranted by the evidence which showed that the defendants in pursuance of a premeditated plan to perpetrate a robbery, acted together in furtherance of that unlawful purpose until the final act was committed which resulted in the death of their victim. At the end of the trial the evidence produced by the Commonwealth stood unchallenged and uncontradicted, and the verdict re
The second assignment is without substantial merit when considered in connection with the whole charge. The jury were instructed that if satisfied from the evidence beyond a reasonable doubt, that the murdered man was killed by the defendants, or either of them, in the perpetration of or attempt to perpetrate a robbery in the manner charged by the Commonwealth, their verdict should be guilty of murder of the first degree. This amounted to nothing more than a plain statement
The third and fourth assignments relate to the dying declaration of the murdered man and the admission of certain testimony for the purpose of laying a foundation for its introduction in evidence. These objections are too technical to be convincing. The belief of speedy dissolution is the test by which to measure the competency of dying declarations: Sullivan v. Com., 93 Pa. 284. The question is whether the declarations were made under a sense of impending death. It is not necessary that it should be stated at the time to be so made: Kilpatrick v. Com., 31 Pa. 198. Whether the declarant was under the belief of his impending dissolution is a preliminary fact to be proved by the party offering the dying declaration in evidence, and the proof offered for this preliminary purpose is addressed in the first instance to the conscience of the court. It is not necessary to prove that the declarant stated he was making his declaration under a sense of impending death. It is enough if it satisfactorily appear in any mode that the statement was made under that sanction: Meyers v. Com., 83 Pa. 131; Com. v. Mika, 171 Pa. 273; Com. v. Roddy, 184 Pa. 274; Com. v. Latampa, 226 Pa. 23. In the present case the murdered man on several occasions declared he was mortally wounded and was dying; he acted in the belief that death was impending by making a will and disposing of his worldly affairs; and he made the declaration in the presence of the defendants. The testimony shows that his mind was clear and that he knew what he was doing. Under these circumstances, and others not recited, there is not the slightest doubt of the competency of the dying declarations of the murdered man under the authority of all of our cases.
It need only be said in conclusion that we find no
Judgment affirmed in each case and record remitted for the purpose of execution.