25 A.2d 756 | Pa. Super. Ct. | 1942
Argued March 10, 1942. Appellant was convicted of involuntary manslaughter committed while operating an automobile. He assigns as error: (1) the court's refusal to sustain his demurrer to the evidence; (2) the refusal of the court to point out to the jury alleged inconsistencies in the Commonwealth's evidence; (3) the refusal of the court "to instruct the jury as to the use of the daylight photographs, the accident having occurred at 11:30 P.M.;" (4) that the photographs were permitted to go out with the jury; and (5) the court's refusal of the motion for new trial.
For the purpose of deciding upon a demurrer facts which the evidence tends to prove and inferences reasonably deducible therefrom are admitted. Com. v. Shiroff,
The court was not bound to point out alleged inconsistencies in the Commonwealth's evidence or to solemnly say to them what they couldn't help knowing, viz., that the photographs of the scene of the accident which were used in evidence were taken in the daytime. As long as the trial judge leaves to the jury the final questions of fact, "It is enough if he gives to the jury a general review of the evidence on the one side and on the other. . . . . ." Com. v. House,
The photographs were admitted without objection and whether or not they were to be permitted to go out *477
with the jury was a matter within the sound discretion of the trial court, of which we find no abuse. Chitwood v. Philadelphia Reading Ry.,
The additional reasons assigned as a basis for the motion for new trial — that the verdict was against the evidence, the weight of the evidence and the law — are, in our opinion, without merit for reasons which sufficiently appear from what we have already said.
The assignments of error are overruled. The judgment is affirmed and it is ordered that the appellant James Waters appear in the court below at such time as he may be there called and that he be by that court committed until he has complied with his sentence or any part of it that had not been performed at the time the appeal was made a supersedeas.