Commonwealth v. Weaver
Commonwealth v. Weaver
Opinion of the Court
All of the questions raised by the assignments of error are clearly stated and fully considered in the opinion filed by the learned trial judge in overruling the defendant’s motion in arrest of judgment and for new trial. Notwithstanding the able and learned argument of appellant’s counsel we are unanimously of opinion that they were correctly decided and that further discussion by us is not needed in order to clearly present the questions involved or to vindicate the conclusion at which we have arrived. The assignments of error are overruled, the judgment is affirmed, and the record is remitted to the Court of Quarter Sessions of Bucks County for the purpose of execution, and to that end it is ordered that the defendant appear in that court 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 this appeal became a supersedeas.
Reference
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- Syllabus
- Evidence — Expert luitnesses — Hypothetical questions — Cross-examination. The rules that apply to the framing of hypothetical questions to experts upon an examination in chief are not so strictly enforced upon cross-examination. Great liberty is allowed. For the purpose of testing the accuracy or credibility of the expert or the value of his opinions, he may be interrogated as to pertinent hypothetical eases concerning which no evidence has been given. The extent to which the examination may go in respect to such collateral matters rests in the sound discretion of the court. Criminal law — Abortion—Evidence—Other crime. On the trial of an indictment for abortion evidence is admissible that the defendant committed a similar offense upon the body of the same woman, in the same manner, in the same place, and at the instance of the same person, only a few months prior to the alleged commission of the offense charged in the indictment. Criminal law — Jury list — Technical odbjection. On the trial of a criminal indictment the prisoner cannot object that the list of jurors, whose names were placed in the wheel for the current year, which was on file in the prothonotary’s office lacked the certificate required by the Act of March 18, 1874, Sec. 3, P. L. 46. Such objection should be raised on a motion to quash the bill before the defendant enters a plea. It cannot be raised after the rendition of a verdict. Criminal law — Abortion—Accomplice. A woman upon whom an abortion is committed is not an accomplice of the person who commits the act, and her testimony is to be covered by the ordinary rules of evidence, and not those that relate to an accomplice in so far as corroboration is concerned. Criminal law — Arrest of judgment — Record. A judgment in a criminal case will only be arrested from intrinsic causes appearing on the face of the record.