27 Pa. Super. 304 | Pa. Super. Ct. | 1905
Opinion by
The first assignment of error relates to the charge of the court; the second and third to the admission of testimony; the fourth to the refusal of the court to permit additional reasons for a new trial to be filed after a motion for a new trial had been disposed of.
In considering the portion of the charge complained of, the language of the court should be interpreted in the light of the whole charge. Part of a charge, which, taken by itself could be considered objectionable; may not be so considered when taken in connection with other portions of the charge. “ The court will be reviewed on the general effect of the. charge, and not upon sentences or paragraphs disconnected from the context which qualifies and explains them: ” Com. v. Winkelman, 12 Pa. Superior Ct. 497. Evidence of the conduct of one accused of a crime at the time of his arrest is competent to show consciousness of guilt. Resistance to arrest is evidence of fear of punishment, and if the resistance be violent, may be evidence of malice. The presumption is that one who is wrongfully accused will rely on his consciousness of innocence, while a guilty man will resort to violence iñ order that he may escape dreaded punishment. Such evidence is not sufficient of itself to warrant a conviction, but may have weight in connection with the other evidence in the case. The evidence to which the trial judge refers was not offered nor admitted to show a tendency of the defendant to commit crime, nor do we understand the charge of the learned judge to so consider it. While that part of the charge which is complained of does not
The defendant denied that he had ever been in Dombrosky’s company until March 17, four days'after the robbery; and the inference from his testimony was that Dombrosky was a comparative stranger. It might well be argued 'from this evidence that it was highly improbable that the defendant would conspire with a stranger to commit the offense charged. It was competent in rebuttal to show that the- defendant and Dombrosky were on intimate terms, and that they were, together a short time before the crime was committed. ' •
The court had entertained, considered and refused an application for a new trial. Afterwards the defendant’s counsel asked leave to file an additional reason for a new trial. This
We do not find any error in the record, which calls for reversal of the judgment. The appeal is therefore dismissed, the judgment affirmed and the record remitted to the end that the sentence be executed.