Commonwealth v. Garrito
Commonwealth v. Garrito
Opinion of the Court
The first assignment of error is to the overruling of the
The second assignment is that the evidence does not warrant a conviction of murder of the first degree. This assignment seems to be founded on the provision of the Act of February 15, 1870, P. L. 15, requiring the Supreme Court to review the law and the evidence and “to determine whether the ingredients necessary to constitute murder in the first degree shall have been proved to exist.” But this review is limited to the inquiry whether competent evidence has been given which if believed will sustain the conviction. Whether it shall be believed or not is exclusively for the jury: Com. v. Morrison, 193 Pa. 613.
The objection on which the assignment is based in the present case is that the witness furnishing the testimony which established the degree of the crime was not worthy of belief. But the credibility was for the jury and is not within our province.
Judgment affirmed and record remitted for purpose of execution.
Reference
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- Criminal law — Murder—Misconduct of juryman — New trial. The whole subject of new trial in criminal cases, including alleged misconduct of jurors, is largely within the discretion of the trial judge, and his conclusions upon disputed facts will not be disturbed, except for serious and manifest error. Criminal law — Murder—Review by appellate court — Province of court and jury — Act of February 15,1870, P. L. 15. The review of the law and the evidence required of the Supreme Court in murder cases by the Act of February 15, 1870, P. L. 15, is limited to the inquiry whether competent evidence has been given, which if believed will sustain the conviction. Whether it shall be believed or not is exclusively for the jury. '