Commonwealth v. Sushinskie
Commonwealth v. Sushinskie
Opinion of the Court
Opinion by
Two of the jurors called in this case were challenged by the Commonwealth for cause. The first two complaints of the appellant are that the challenges were sustained. The first juror, when examined on his voir dire by counsel for the prisoner, stated that, though he had formed an opinion as to the guilt or innocence of the accused, he could and would render a verdict according to the evidence, if sworn as a juror in the case; but, in answer to a question Toy the court, before he was passed over to the Commonwealth, he said it would require strong evidence to change that opinion, and that he could not lay it aside until he had heard evidence enough to remove it. Upon Ms examination by counsel for the Commonwealth, he said he would take his formed opinion with Mm into the jury box, and would keep it until he heard evidence to contradict or offset it. He was thereupon challenged for cause, and excused. What his opinion was, does not appear; but it did clearly appear out of Ms own m outh that if he had been sworn as a juror, he would have taken his seat in the box with a formed opinion that he could not lay aside until he had heard “evidence enough to remove it.” In the trial of cases, and especially capital cases, the great
By the third, fourth and fifth assignments the court is charged with error in not directing that alleged improper remarks of the district attorney be placed upon the record, in not directing a juror to be withdrawn after they were made, and in not instructing the jury to disregard them. It is sufficient to say that it does not appear from the record what the remarks were, nor that
No complaint is made of the inadequacy of the charge, nor of any error in it as to the defense of insanity, except that portion of it complained of by the eighth assignment. The court was therefore not required to affirm defendant’s fourih and fifth points. The answers to them, in view of what was said in the general charge, were sufficient: Com. v. McManus, 143 Pa. 64; Com. v. Danz, 211 Pa. 507. A s to the- defense of insanity the jury were instructed that the burden of proving it was upon the defendant, and that evidence which created only a mere doubt or seasonable doubt as to sanity was insufficient to justify acquittal. This instruction is the subject of the eighth assignment. . We are again called upon to say that such instruction was correct, though we ought not to be required to do so after what was distinctly said upon a review of well considered cases, in Com. v. Molten, 230 Pa. 399. In referring to the defense of insanity set up in chat case, we said: “It is not, however, sufficient that the evidence had merely raised a doubt as to his insanity, for to doubt is to not believe, and nothing but belief that the prisoner was actually insane at the time ol the commission of the offense charged against him could have justified the jury in acquitting him on that ground. Such a belief under the humane rule of our eases, is one that results from a fair preponderance of the evidence.” The language of the trial judge complained, of in the present case, was, “With this burden of proof upon the defendant, evidence which creates only a mere doubt, or a reasonable doubt, as to his sanity, is insufficient to justify his acquittal. The jury must be satisfied by fairly preponderating evidence.” We need not now review the cases cited in the Molten casé as sustaining this instruction. A brief reference to two or'three of them will suffice. In Ortwein v. Com., supra, the chioi: question in the case arose under the fifth point of the prisoner, which was, “If the jury
In referring to Ms notes of testimony the trial judge distinctly told the j ury that they were to he guided by their own recollection of it, and not by his reference to it, if he erred in quoting it. This leaves the ninth, tenth, eleventh and twelfth assignments without merit. Upon consideration of the -whole record, no error is discoverable. It remains, therefore, only to say that the judgment is affirmed and that the record he remitted to the court beloW for the purpose of execution.
Reference
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- Criminal law — Procedu: ■■ — Jurors—Challenge for cause — Judi-. cial discretion. 1. In exercising his discretion as to tbe fitness of a juror to serve in a trial for murder, tbe trial judge has tbe juror before bim and much latitude must be left to bim; and tbe weight to be given to tbe answers of the juror when examined on bis voir dire is not to be determined exclusively by tbe words as they appear in tbe printed record. They are first to be weighed by the trial judge, who, in tbe exercise of a vide discretion, may conclude that tbe juror is not competent to enter a jury box for tbe purpose of rendering an impartial verdict, notwithstanding bis words to tbe contrary; and nothing short of palpable error will warrant a reversal. 2. Where on tbe trial, of one accused of murder a juror in answer to a question by the court, stated that be bad formed an opinion as to tbe guilt ore innocence of tbe accused, but that be could and would render a verdict according to tbe evidence if sworn as a juror in the case; but on cross-examination by the district attorney stated that he would take bis formed opinion with bim into tbe jury box and would keep it until be bad beard evidence to contradict or offset it and was thereupon challenged for cause and excused, a conviction of murder of the first degree and sentence of death should not be reversed. . r 3. The court did not err in such case in excusing a juror challenged by the Commonwealth because he stated that “circumstantial evidence could not be strong enough for me to convict a man of murder of the first degree.” Practice, Supreme Court — Assignments of error — Defective assignments. 4. Assignments of 'error complaining of alleged improper remarks by the district attorney, of the refusal of the court to withdraw a juror after such remarks were made, and of its refusal to instruct the jury to disregard them, will not be considered where it does not appear from the record what the remarks were or that any request was made for the withdrawal of a juror. Murder — Insanity as a defense — Burden of proof — Degree of proof required — Charge to jury. 5. Sanity is the normal condition of man and where insanity is set up as a defense to an act, which otherwise would be a crime, the burden rests upon the prisoner to prove his abnormal condition. 6. In a trial for murder where the defense is insanity it is not error for the trial judge to charge that “with this burden of proof upon the defendant, evidence which creates only a mere doubt, or a reasonable doubt, as to his sanity, is insufficient to justify his acquittal. The jury must be satisfied by fairly prepondérating evidence.” 7. In such a case it was not error for the trial judge to refer in his charge to his notes of testimony, where he distinctly told the jury that they were to be guided by their own recollection of it, and not by his references, if he erred in quoting it.