52 Pa. Super. 272 | Pa. Super. Ct. | 1912
Opinion by
On August 12, 1911, a barn of Lewis Hoffman located in Venango county was feloniously burned. Lowrey
The trial of the case occupied nearly five days, and the testimony taken covers 530 printed pages. It would not' be possible, nor is it expected of the trial judge, that he should do more than fairly summarize such a mass of testimony. The defendant presented nine points for special instructions, seven of which were affirmed and two were refused. No just complaint can be made of this phase of the case.
The other contention is, that the court erred in admitting in evidence the conduct of a bloodhound in following a trail, and identifying the principal offender, and thus associating him with this defendant. The preliminary examination was exhaustive and after full consideration the evidence was received.
It is a matter of common knowledge of which the courts are authorized to take notice, that many animals have a special innate propensity, or sagacity, which transcends the general experience of human beings. It is called a natural intuitive power; perception, or instructive quality; due to effects of habits in successive generations, or original intelligence, special to a class, in which the choice of means suitable to each particular instance is unconsciously made.
The migration of birds and fish; dread of animals of prey; invariable habits of many animals in their natural, or_a domesticated state are so frequently and vividly
We gather from the eminent writers on this subject, that the theory or scientific fact as it may be, is, that the path of every human being, at every step from the cradle 'to the grave, is strewn with putrescent excretions from the body. This waste matter is in process of decomposition and is being resolved into its constituent elements, so that its power to make an impression on the olfactory nerves of a dog, or other animal, becomes fainter with lapse of time, and exposure to the elements; and when dissolution is coinplete, its characteristic scent is ended. The bloodhound is endowed with an unusually keen scent, and has great ability for differentiating smells. The methods of trailing are simple and well understood. There must be an intelligent and truthful starting point, which will make an impression that the dog is able to recognize
In the case before us, every precaution suggested in
The defendant presented a point (seventh assignment) “unless the jury find there is sufficient evidence outside of that furnished by the bloodhound, they will not be justified in convicting the defendant,” was properly refused as it was for the jury to consider that testimony in connection with all the other evidence. It was not conclusive in and of itself, but could be considered as any other circumstance in- the case, that was legitimately in evidence.
The trial was earnestly conducted by able counsel on each side, and the defendant has no reason to complain of the charge of the court.
The judgment is affirmed and the record is remitted to the court below to the end that the sentence be carried into effect.