Commonwealth v. Pipes

Supreme Court of Pennsylvania
Commonwealth v. Pipes, 158 Pa. 25 (Pa. 1893)
27 A. 839; 1893 Pa. LEXIS 1535
Collum, Dean, Green, Mitchell, Sterrett, Thompson, Williams

Commonwealth v. Pipes

Opinion of the Court

Opinion by

Mr. Justice Mitchell,

Under the charge of the learned court, the purpose of the deceased to commit a felony, in entering the prisoner’s stable, was an important fact, indeed it was stated to the jury as part of a “ vital inquiry ” for them. All evidence therefore which bore directly on such inquiry, was relevant and admissible, even though it incidentally tended to show the commission by the deceased of a crime not part of that on trial. The two offers included in the first and second assignments of error were clearly within this principle. The presence of the deceased inside of a locked stable, near midnight, was of itself very strong evidence that he was there with some criminal intent, and what this intent was, would be made clear, if it should be shown, as was offered, that' part of a harness belonging to the prisoner had been stolen, that it had been in the possession of the deceased, and that the latter had traded it to another person with a promise to supply the missing part. Evidence to that effect was admissible. It did not come within the general rule that one crime cannot be introduced as evidence of another separate and unconnected. Such evidence, as was said in Goersen v. Com., 99 Pa. 388, “ cannot be received to impeach (the prisoner’s) general character, nor merely to prove a disposition to commit crime. Yet under some circumstances evidence of another offence by the defendant may be given. Thus it may be to establish identity; to show the act charged was intentional and willful, not accidental; to prove motive;'''’ etc. Examples of the exceptions to the general rule may be found in Com. v. Ferrigan, 44 Pa. 386; Kramer v. Com., 87 Pa. 299; Goersen v. Com., supra; and Com. v. Johnson, 133 Pa. 293. The first and second assignments must be sustained.

While the point is not expressly raised on this record yet as the case must go back for another trial, it is proper to call at*30tention to the act of April 22, 1863, sec. 2, P. L. 531, by which the willful and malicious entry of a stable etc., either by day or by night, with or without breaking, with intent to commit any felony therein, is itself a felony. If therefore the deceased was in the stable with intent to steal the harness, he had committed a felony, though the actual larceny was not completed, and the right of the appellant to pursue and arrest him must be determined as in cases of felony actually committed, not of a felony attempted but abandoned by a fleeing criminal.

The fourth assignment must also be sustained. While it was entirely proper to call the jury’s attention to the prisoner’s interest, as affecting his credibility, and while-the terms in which the learned judge did so might be correctly understood by him and bjr members of the bar, familiar with legal distinctions, the general effect of the charge on this point was to discredit the prisoner as a witness and to lead the jury to throw out his testimony except where it was corroborated. This is the usual rule as to accomplices, not as to defendants, and in a case where the prisoner was necessarily the only witness as to the actual circumstances of the shooting it put upon him a greater burden than the law imposes.

Judgment reversed, and venire de novo awarded.

Reference

Cited By
3 cases
Status
Published
Syllabus
Criminal law — Murder—Manslaughter—Evidence. On the trial of an indictment for murder where it appears that the killing was done at midnight in an alley near the prisoner’s stable, and the prisoner claims that he shot the deceased in self defence while he was escaping from the stable, it is proper to admit evidence that part of a harness belonging to the prisoner had been stolen, that it had been in the possession of the deceased, and that the latter had traded it to another person with a promise to supply the missing part, for the purpose of showing the deceased’s intent in entering the stable. Felonious entry — Bight to pur site — Act of April 22, 1863. Under the act of April 22, 1863, P. L. 531, the willful and malicious entry of a stable with intent to commit a felony, is itself a felony. If, therefore, in the above case the deceased was in the stable with intent to steal.the harness, he had committed a felony, though the actual larceny was not completed, and the right of the prisoner to pursue and arrest him must be determined as in cases of felony actually committed, not of a felony attempted but abandoned by a fleeing criminal. Credibility of defendant — Charge of court. On the trial of an indictment for murder it is improper to char’ge: “ The defendant is, of course, most deeply interested in your determination, and just so far as he fails in being substantiated and corroborated by other testimony in the case, or facts in the ease, and that interest and feeling would bias him or prejudice him in giving his testimony, so far would you be warranted in discrediting that testimony.”