204 Pa. 124 | Pa. | 1902
The defendant was convicted and sentenced in the court below for murder of the first degree. He shot and killed, on October 16,1901, his companion and relative, Joe Fedelem. The principal circumstances connected with the killing are these: both were Slavs by race, and kinsmen ; they had come to this country together from Hungary and worked at the coal mines near Yatesboro; there had been quarrels and ill will between them in their native country, which was kept up after their arrival here ; on the evening of the 16th they met at a saloon in Yatesboro and commenced drinking together, when the old quarrel was renewed and angry words and threats passed between them; they separated about seven o’clock in the everting ; Fedelem, the deceased, went to his boarding house ; Du-
Counsel for defendant asked the court to instruct the jurj', that if defendant became intoxicated at solicitation of deceased and by reason thereof was incapable of forming a deliberate and premeditated intention to take life, the offense would be reduced to murder of the second degree. The court refused the point as put, and said, it was immaterial whether defendant became intoxicated at solicitation of deceased, but that, if when he committed the act he was intoxicated to that degree.as to be incapable of forming a deliberate and premeditated intention to take life, the offense would be reduced to murder of the second degree. The answer was entirely correct; the point was so worded that the learned judge could not easily give a peremptory affirmative' or negative, but while refusing it, doubtless out of a tenderness for the prisoner, he stated his reason for refusing it, at the same time reiterated the very full instructions in his general charge on the effect of intoxication in reduc