256 Pa. 526 | Pa. | 1917
Appellant’s three assignments of error are to portions of the court’s charge to the jury. What is complained of by the first is free from error, for, in Commonwealth v. Drum, 58 Pa. 9, it was said: “He who uses upon the body of another, at some vital part, with a manifest intention to use it upon him, a deadly weapon, as an axe, a gun, a knife or a pistol, must, in the absence of qualifying facts, be presumed to know that his blow is likely to kill; and, knowing this, must be presumed to intend the death which is the -probable and ordinary consequence of such an act. He who so uses a deadly weapon
The three assignments of error are overruled, the judgment is affirmed and the record remitted for the purpose of execution.