277 Pa. 419 | Pa. | 1923
Opinion by
Bush, was convicted of the murder of Coghill, a policeman, the jury rendering a verdict of the first degree, and, from the sentence imposed, this appeal was taken. It appeared that the appellant, with another, had been observed in Dormont during the night of December 24, 1921, acting in a suspicious manner, which fact was reported to the borough officials. The defendant and his associate were arrested between three and four o’clock in the morning, and placed on the rear seat of a vehicle used as a patrol wagon, for removal to the police station. The deceased was in charge of the car at the wheel in front, and Schwartz, his companion, stood on the running board. As it started forward, three shots were fired, two of which entered the head of the driver, causing his death, and one grazed the scalp of the other officer. Appellant was taken into custody, and subsequently discharged. Further investigation of the killing followed the arrest of defendant in Pittsburgh on another charge, and the prisoner was then identified by Schwartz as the one who did the shooting. He confessed to the murder, describing the occurrence with great detail, though at the subsequent trial he repudiated the statements made.
The correctness of the rulings of the learned court below, in admitting the prisoner’s narrative in evidence in the form offered, and it's answer to a point, based on a fact asserted therein, are challenged here. No charge is made of misconduct by the officials in securing the confession, nor any suggestion that it was other than voluntary. The defendant admitted making it' as presented, but denied the truth of the facts set forth, insisting the story was without foundation, made when mentally impaired by drink, and built entirely on newspaper accounts of the tragedy which he had read. He offered evidence to show he was distant from the scene of killing when it took place.
The complaint is not tenable. If no notes had been taken, clearly witnesses could have testified as to any self-harming admissions voluntarily made, and they would be permitted to give the substance of the conversation overheard: Keim v. Reading, 32 Pa. Superior Ct. 613; Com. v. Brown, 66 Pa. Superior Ct. 519. A transcript of the statements, prepared within a reasonable time, could be used to refresh the recollection of the one called: Com. v. Disalvo, 275 Pa. 70; Christian M. Brewing Co. v. Rusch, 272 Pa. 181; Com. v. House, 6 Pa. Superior Ct. 92. In this case, the confession was of such length that one could not have remembered all of the details appearing. There is no good reason why the copy itself should not be offered, in connection with the original record and the oral evidence of the stenographer, who, in this case, read to the jury from his notes, and it was proper to permit him to do so (Com. v. Levi, 44 Pa. Superior Ct. 253; see also, Brown v. Com., 73 Pa. 321), though not an appointed court officer: Com. v. Ryhal, 274 Pa. 401. Where, as here, defendant admits making the statement, proof of its contents could be offered, though the stenographer was not called: Com. v. Insano, 268 Pa. 1.
It is further insisted that, even if the testimony was admissible, every fact set forth in the confession must be
What has been said disposes of the errors assigned, except the first, which complains of the sentence. As is our duty, the record has been examined to determine whether the evidence warrants the verdict rendered, and
The judgment is affirmed, and the record is remitted for the purpose of execution.