221 Pa. 466 | Pa. | 1908
Lead Opinion
Opinion by
The only assignments of error that need be noticed are those relating to the evidence of the experts as to insanity, and these are practically all condensed in the exception to that portion of the charge in which the judge said to the jury: “We will now come to the medical testimony. I will say to you on that score that you are not bound to decide this case according to the views of the doctors one way or the other. The doctors are not the jury. They cannot take the stand and say such and such is the case and then decide the case. Although you have been told that you are bound by the evi
The law as laid down in this passage, even taking it as it is, separated from its context is entirely accurate. “ The jury are not bound to decide this case according to the views of the doctors one way or the other.” That is correct. “ It may be of value or it may be of no value, just as it appeals to you .... it is for you to decide whether they áre worthy of any consideration or whether they are not worthy of consideration at all, and if you think they are worthy of consideration you will decide how much they are worth and how much you will give to them.” This is no more than telling the jury that the credibility of the testimony and the weight it is entitled to in reaching a verdict is exclusively for the jury to determine.' That is the settled law of all the cases. Arid even if we seem to see in the phrasing of the charge that the judge did not think the testimony of much weight, that was not error. He might have gone further and told the jury • in explicit terms that he considered it “ very weak : ” Com. v. Van Horn, 188 Pa. 143. So long as the jury were left in the free exercise of their own judgment there was no error. That the jury in this case were so left is beyond question. Even the particular passage excepted to, concluded with the
So far the passage of the charge excepted to has been considered by itself, apart from its context. But that is not the rule. The charge can only be considered fairly as a whole, and the charge in the present case repeatedly and most explicitly told the jury that the weight and effect of the testimony on every branch of the case was for them to decide on their own judgment.
The killing was admitted, and even the premeditation, the deliberate preparation for the murder, was not denied. The only possible point of doubt in the case arose from the apparent absence of any sane motive for the act. This was altogether a question for the jury, and if they took a severe view it was not from any error of the judge.
Judgment affirmed, and record remitted to the court of oyer and terminer for the purpose of execution.
Dissenting Opinion
dissenting:
I would sustain the assignments of error, so far as they allege inadequacy in the charge of the court on the question of insanity. I am convinced that the charge in this respect was insufficient, and to a certain extent misleading, and that the case was not submitted to the jury in accordance with the law as determined by this court. In Pannell v. Commonwealth, 86 Pa. 260, the defense was insanity. As here, the trial judge seemed to regard the testimony of medical experts as of little or no value. There was a verdict of guilty of murder of the first degree. In reversing the judgment this court said, inter alia (p. 269): “ It is well settled that the knowledge and experience of medical experts is of great value in questions of insanity. They are like those of experts in all other branches of science and of art. Evidence had been given of the observation, experience and skill of these medical experts, sufficient to enable them to form intelligent opinions, and they had testified to. those opinions. We cannot understand on what principle the learned judge said to the jury that in this case he questioned very much whether they would realize much, if any, valuable aid from their testimony. True, the jury were
The majority opinion quotes the part of the charge bearing upon the evidence given by the medical experts on the question of the insanity of the defendant. No other part of the charge cures the error it contains. It is impossible to reconcile it with our decisions. The judge said: “ I will say to you on that score (medical testimony) that you are not bound to decide this case according to the views of the doctors one way or the other. The doctors are not the jury.” This proposition, as stated, is not sound. The jury were bound to decide the case according to the testimony of the medical experts if that testimony outweighed the conflicting testimony in the case. If it convinced the jury, they were bound to render a verdict in accordance with it. The tendency of the language just quoted was to discredit the medical testimony with the jury, if not to compel them to ignore it. It was not intimated in thé case anywhere, even in the heated arguments of counsel, that the doctors were the jury. The suggestion that they were not the jury was ill-timed and should have been omitted from the charge. It might have been permissible in the arguments of counsel, but should have had no place in the charge of the court. The learned judge, however, did not stop with this expression of his views oil the subject. He further said: “ They (the doctors) cannot take the stand and say such and such is the case, and then decide the case.” The counsel for the defendant advanced no proposition of that kind. It was not suggested nor even intimated in the case until the learned judge, by this unfortunate expression, left the impression that the medical testimony was offered for that purpose. He again says in his charge: “ When you come to medical testimony, or any other expert
The charge was not only erroneous and inadequate as to the effect and weight which should have been given to the medical testimony, but it was also clearly inadequate in not pointing out the absence of any sane motive whatever for the commission of the offense by the defendant. In fact, it can
The facts of this case made it especially important that the trial judge should have directed attention to the testimony of the medical experts and the weight which it should receive. A father wandered with his five year old daughter to Fair-mount Park, there wrote a letter in which he spoke most endearingly of the child and other members of the family, and
I would reverse the judgment and award a new trial.