Commonwealth v. Racco
Commonwealth v. Racco
Opinion of the Court
Opinion by
We have discovered no reversible error in this record, and but two of the seven questions raised by the nineteen assignments call for any discussion. One of these is as to the right of the commonwealth to ask the prisoner on cross-
The second question raised by the appellant which needs brief notice is as to the admissibility of the testimony of the detective Dimaio, that the prisoner had confessed to him the commission of other crimes. Such testimony, if offered for the purpose of establishing his guilt under the indictment on which he was being tried, would clearly have been inadmissible: Com. v. Wilson, 186 Pa. 1; but the offer was for no such purpose. It was to impeach the credibility of the appellant. He had been asked whether he had not been convicted of certain offenses, and, having denied that he had been, Dimaio was called to contradict him by showing his admissions to the contrary. The ruling of the court was, in permitting Dimaio to testify, that the witness would have to testify to other convictions than those admitted by the accused on the trial. He admitted but three and denied the rest.
The assignments of error are all overruled, the judgment is affirmed and the record remitted to the court below for the purpose of execution.
Reference
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- Syllabus
- Criminal law — Murder—Cross-examination of prisoner — Credibility. 1. Where a prisoner indicted for murder takes the stand on his own behalf, he may be asked on cross-examination, in order to test his credibility, whether he had not been convicted and sentenced to prison for larceny, assault and battery and wounding, and for obtaining money under false pretenses; and if he answers no, it may be shown by other witnesses, for the purpose of contradicting him and impeaching his credibility, that he had made declarations to the effect that he had been convicted and sentenced for such crimes. 2. As the Pennsylvania statuté permitting a prisoner to testify imposes no limit upon the scope of his cross-examination, the subject is largely within the discretion of the trial judge, and unless such discretion is so abused that substantial injury results to the prisoner, it will not be reviewed by the appellate court. 3. Although the record is the best, and sometimes the only competent evidence of a conviction, yet when it is merely collateral to the main issue, and arises only as affecting the credibility of the witness, he may testify to it, especially when of all others he knows the exact truth, without regard to the record. Buck v. Com., 107 Pa. 486, overruled. 4. Testimony of a witness that the prisoner had confessed to him the commission of other crimes, is not admissible to establish the prisoner’s guilt under the indictment on which he is being tried; but if he takes the stand on his own behalf, and denies on cross-examination that he had committed such other crimes, the testimony as to his confession of such crimes is admissible to impeach his credibility.