Commonwealth v. Anthony
Supreme Court of Pennsylvania
Commonwealth v. Anthony, 259 Pa. 65 (Pa. 1917)
102 A. 420; 1917 Pa. LEXIS 515
Brown, Moschzisker, Potter, Stewart, Walling
Commonwealth v. Anthony
Opinion of the Court
In the performance of the duty imposed upon us by the Act of February 15,1870, P. L. 15, we have reviewed both the law and the evidence in this case, and find that the ingredients necessary to constitute murder of the first degree were proved to exist on the trial of the prisoner. The instructions complained of in the first, second and third assignments are free from error. The latitude asked for by the prisoner’s counsel in the cross-examination of the witness called by the Commonwealth in rebuttal, was properly denied, for the reason given by the learned triai judge. The fifth and last assignment complains only of the judgment, which is now affirmed, with direction that the record be remitted for the purpose of execution.
Reference
- Cited By
- 2 cases
- Status
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- Syllabus
- Criminal law — Murder—Murder of the first degree — Charge— Evidence — Cross-examination. 1. A verdict of murder of the first degree was sustained where there was evidence to show that while the deceased and a third party were engaged in a fight the defendant heard the quarreling, came from a house some distance away, removed his coat, picked up a shovel, lifted the shovel with both hands and approaching the deceased from the back struck him a severe blow on the side of the head, from which blow deceased died. 2. In such case the court committed no error in refusing a point charging that there was no evidence to establish an intent to take life. 3. In such case the court committed no error in refusing to permit the attorney for the defendant to further cross-examine a witness produced by the Commonwealth in rebuttal to prove that the deceased had been seen at a specified time where such further cross-examination related to the location of other parties subsequent to the time testified to by the witness.