23 Pa. Super. 192 | Pa. Super. Ct. | 1903
Opinion by
The defendant, with two others, was indicted upon a charge of conspiracy to cheat and defraud a fire insurance company by means of a false proof of loss. After a nine days’ trial, the defendants were convicted. The testimony covers over 500 pages and the only assignment of error is to the charge of the court below, the appellant contending that the trial judge prominently presented the theory and strong features of the prosecution and ignored the theory of the defendants and the facts upon which it was based, and that the charge was in the nature of an argument in answer to the closing argument of the defendants’ counsel. No points were submitted by the defendants asking for special instructions, and after a careful examination of the charge and all of the testimony, we are satisfied that the case was fairly tried. The jury was cautioned a number of times to examine all the testimony carefully and dispassionately, with perfect impartiality towards both sides, to consider the credibility of the witnesses, to look at the circumstances under which they testified, to examine their testimony through the bias that might surround it, whether it might be the effect of prejudice, passion, feeling or interest, to reconcile, if possible, discrepancies in the evidence, but above all to reach the truth through the evidence and that alone. The defendants were represented b}*" able and zealous counsel, who strenuously presented their theory of the cause. The facts presented on the part of the commonwealth and the defendant, while representing
The assignments of error are overruled and the judgment is affirmed, and it is ordered that the record be remitted to the end that the sentence be carried into that effect.