266 Pa. 223 | Pa. | 1920
Opinion by
To understand the several questions presented to. us for consideration, a brief statement of the facts will be necessary. The defendant, on April 9, 1918, purchased two revolvers, some cartridges and a blackjack from a pawnbroker in the City of Philadelphia. Close to three o’clock on the same day he, with his brothér, entered a
It is contended by the defendant that the evidence as to what took place in the jewelry store and the defendant’s flight should not have been admitted in evidence, as it had a tendency to establish an independent crime having no relation whatever to the actual killing that took place in the alley. This evidence was received without objection. A very short period of time elapsed between the occurrence in the jewelry store and the shooting and the testimony was not offered with the view of showing a distinct offense from that charged in the indictment, nor to show that the accused was generally a bad man; it was offeréd, as stated by the Commonwealth, as being the probable result of a series of acts which had their inception in the attempt to perpetrate a robbery. There was no break in the continuity of events between the time defendant entered the jewelry store,
The motive which prompted the defendant to shoot the deceased was his desire to gain his liberty. It was perfectly proper to show why Martin, the deceased, had pursued him to the alley and his evident purpose in the alley; this, no doubt, impressed itself on the mind of the accused to such an extent that he felt it necessary to kill the deceased to gain freedom. The evidence of prior acts is in explanation of the conduct of Martin, the deceased, and of the defendant, and shows the motive that prompted the commission of the crime. In this view, it was undoubtedly relevant evidence. It was further competent as being one of the probable results of an attempted robbery, so much so that where, as in this case, no intervening act broke the series of events, it may be con
The first assignment of error relates to the admission in evidence, as rebuttal, of statements as to the condition of defendant’s mind at the time he was arrested and shortly thereafter; it is urged this evidence should have been introduced in chief. Generally, the order of proof is within the discretion of the court below and, unless it is abused, this court will not interfere with the order of admission. But this evidence was proper as rebuttal evidence. The general presumption is that every man is normal and is possessed of ordinary faculties; such defenses as intoxication, insanity and aphasia (or a mind not conscious of its acts), are affirmative defenses and the burden is on the defendant to establish them: Com. v. Dale, 264 Pa. 362. The Commonwealth cannot undertake the burden of showing a sound mind when it does not know the nature of the defense, and can become acquainted with it only when offered. Countervailing evidence can then be offered solely by way of rebuttal. It was competent for the Commonwealth to submit the testimony of witnesses who had observed the defendant at and immediately after the killing: Com. v. Wireback, 190 Pa. 138.
The court below did not, by the use of the language contained in the second and seventh assignments, intend to give the jury to understand that the trial judge felt great indignation at the crime with which the defendant was indicted, nor did it have a tendency to incite in the minds of the jurors any feeling of resentment or abhorrence to the defendant. It was not so forcible an expression of indignation at the crime as to convey to the minds of the jury the conviction or belief that the judge felt the prisoner was guilty. The remarks were not so intended but, on the contrary, were meant to charge the jury with the responsibility they were about to assume
The trial judge charged the jury that after a review of the evidence he could find nothing which would justify them in returning a verdict of voluntary manslaughter, and the jury might find a verdict of murder in the first or second degree, or might acquit the defendant. It is now urged this was an erroneous instruction as it took away from the jury its statutory duty of ascertaining the degree of the crime. The jury has the power, and it is its duty, to ascertain the degree of murder; it is so fixed by the law of the State. Peremptory instruction that takes from it this power is erroneous, and it is the duty of the court to submit the question of manslaughter unless it is clearly convinced there is nothing in the evidence to reduce the grade of the crime below murder; while the jury must be free to act in determining the degree of murder, there is no such requirement in distinguishing between murder and manslaughter : Com. v. LeGrange, 227 Pa. 368. But where there is no evidence which in the least degree points to the offense of manslaughter, the court does not commit error when it refuses to charge with respect to manslaughter, or charges the jury as in this case. The defendant hoped to exculpate himself by the statement that he was a drug fiend and had no recollection of what happened from the time he entered the jewelry store until some time after the crime was committed, that he was suffering from aphasia, superinduced by the narcotic. There was not the slightest evidence of a quarrel, nor of sudden heat or passion, nor of provocation, nor any evidence to reduce the grade of the crime to manslaughter.
The remaining assignments of error are without merit. The charge was fair and contained no undue reflection on the accused. It carefully presented to the jury an exhaustive summary of the evidence. That the Com' monwealth’s side was dealt with at greater length than
The judgment of the court below is affirmed and it is directed that the record he remitted for the purpose of execution.