Commonwealth v. Melinkoff
Commonwealth v. Melinkoff
Opinion of the Court
Opinion by
The defendant, who is here the appellant, was upon his trial in the court below, called as a witness in his own behalf. In his examination in chief he was asked, by his own counsel, “Q. What is your name?” and to that question he replied, “Jacob Melinkoff.” The district attorney, in cross-examining the defendant, was permitted by the court to ask him whether he had been known as John Gordon or Harry Myers. '-These questions were objected to and an exception allowed the defendant. The defendant answered these questions by an explicit denial that he had ever been known by either of said names, and the Commonwealth made no attempt to contradict such denial. The rulings of the court in permitting the district attorney to ask these questions are the subject of the first, second and fourth specifications of error. It may here be stated that the learned counsel for the appellant has argued that the district attorney, when he asked the defendant whether he had been known as John Gordon, was reading from a paper which contained the record of some prisoner, but the record does not disclose that the district attorney was reading from any paper, or if he was reading from a paper that such paper contained the record of any prisoner. No such paper was offered in evidence by the Commonwealth or the defendant, nor does it appear of record in this case. The Commonwealth made no attempt to prove that any man bearing the name of John Gordon or Harry Myers
The question asked in the cross-examination, of which the appellant complains, related expressly to a matter brought out in the direct examination of the defendant, what was his true name. The defendant having testified as to the fact in his examination in chief, it would certainly seem to be proper, in the absence of a statute directing otherwise, to permit the district attorney to cross-examine him as to that allegation of fact. The proper rule for the cross-examination of a defendant who testifies in his own behalf, except as regulated by statute, was stated by the Supreme Court in Com. v. Racco, 225 Pa. 113, where the opinion cited with approval the doctrine laid down in Underhill on Criminal Evidence, as follows: “The accused, when testifying in his own behalf, waives many of the peculiar constitutional privileges which belong to him as one accused of crime. It is usually provided by statute that he may be examined and cross-examined As any other witness,’ and where such is the case he will not be permitted to claim any privilege while he is a witness that is not enjoyed by other witnesses. In other words, the rule then is that he cannot claim as a witness the privileges which belong to him solely as the accused. He cannot complain if considerable latitude is allowed on his cross-examination, and, generally, he may be asked on his cross-examination, the same questions as any witness. In states where the cross-examination of the accused is not by statute expressly limited to matters brought out in his direct examination, he may be cross-examined, not only upon matters strictly relevant to the issue, but upon those which are collateral and apparently irrelevant and which are calculated only to test the credibility and weight of
The third specification of error complains of the re
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.