267 Pa. 361 | Pa. | 1920
Opinion by
The rule that the party calling a witness is not permitted to ask leading questions and is bound by his tes
In the present ease, the Commonwealth laid the foundation for the cross-examination of the witness, Thomas, as a hostile witness. He had previously testified before the coroner; and at the later trial, his testimony, on the same material points, was directly opposed to that given on his former testimony. The court did not abuse its discretion in permitting the Commonwealth to cross-examine the witness. Moreover, the witness testified that the evidence given before the coroner was correct and thereby made it substantive evidence, with the exception of some minor details.
The defendant was convicted of murder in the second degree, and many assignments relate to the charge of the court. We must enforce the rule relating to exceptions taken to the charge. None was taken here except that which relates to the instruction that the jury might find a verdict of murder in the first or second degree. The charge of the court, on this phase of the case, excepted to, was as follows: “The Commonwealth contends
There is no merit in the assignment oí error as to the testimony of Mrs. Robinson; it was confined to what she actually saw.
The charge of the court presented both sides of the case fairly, and, while there might have been an inaccuracy of statement as to the number of shots fired by deceased a day or two before the fatal shooting, the court does, in its charge, comment on the correct number when it refers to appellant being shot at a couple of times by deceased as he crawled under the bed. The jury clearly understood the facts.
The assignments of error are overruled, the judgment is affirmed.