Commonwealth v. Coles
Commonwealth v. Coles
Opinion of the Court
Opinion by
The appellant stands convicted of the crime of murder of the first degree under an indictment preferred in the Oyer and Terminer Court of Philadelphia County, charging him, together with his brother, John Coles, and two others, with the felonious killing of George Williams, then a detective officer of the City of Philadelphia, on the 9th day of January, 1918. When the case was called for trial a severance was asked and appellant was accorded a separate trial, resulting in a conviction as above indicated. A new trial was granted in which the result was the same, and judgment was thereupon entered and sentence pronounced. It is from this judgment that the present appeal has been taken.
The assignments of error are several, but since all relate in one way or another to the admission of certain evidence offered by the Commonwealth touching an occurrence in which the appellant and the other parties charged in the indictment were participants, and which took place within a very short distance from the place where the crime charged was committed and preceded it by fifteen minutes at most, the several assignments, to this extent, may be treated as one. The testimony offered by the Commonwealth touching this matter, and admitted against objection, was to this effect. About a quarter past twelve o’clock on the day of the occurrence appellant, accompanied by his three associates charged in the indictment, entered a saloon on the corner of Sixteenth and South streets in Philadelphia, where they behaved in a disorderly manner, especially appellant who at once, without any aggravation or offense being given, pointed a loaded pistol at the man behind the bar and attempted, though unsuccessfully, to discharge the weap
It is quite true that, as a general rule, a distinct crime unconnected with that laid in the indictment, can not be given in evidence against the prisoner. All our authorities are in accord with this proposition. We need only to refer to Shaffner v. Com., 72 Pa. 60. What is there said we have above recited in totidem verbis and we abate nothing from it. As will readily be observed the qualifying, and to that extent the governing, word in the rule as stated by Mr. Justice Agnew in the case cited, is the word “unconnected.” If the offense disclosed by the testimony sought to be introduced is unconnected with that charged in the indictment being tried, that is to say, that the two have no common element, and the facts with respect to the one are not required to supplement or explain the facts appearing in the trial for the other or later offense, then it must be said that the two offenses are distinct and separate, and the evidence would be irrelevant and inadmissible. It often happens, however, that the two distinct offenses are so inseparably connected that the proof of one necessarily involves proving the other, and, in such case the prosecution for the one, evidence proving the other cannot be excluded because it also proves the other. Corpus Juris, Yol. 16, 588, and the authorities there cited. “The general rule cannot be applied where the facts which constitute distinct offenses are at the same time part of the transaction which is the subject of the indictment. Evidence is necessarily admissible as to acts which are so clearly and inextricably mixed up with the history of the guilty act itself as to
If we are correct in this ruling, that the evidence objected to was entirely competent, it would follow logically that it was equally proper to show that the pistol used by the defendant in the killing of Williams was the same weapon that defendant displayed while engaged in the altercation at the saloon, and that it was properly admitted in evidence. The same may be said with respect to the pistol that was offered in evidence as a pistol that belonged to the defendant’s brother and which was found under the body of Williams after he had fallen. The identity of the pistol rested on the declaration of the defendant, and the evidence was given for what it was worth, contradicted, though it may have been. It is un
The judgment is affirmed, and the record'is remitted for purpose of execution.
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- Common law — Murder—Evidence—Similar acts — Other crimes —Bisplay and use of firearms — Arrest — Shooting — Bes gestee— Identity of pistol. 1. Although as a general rule a distinct crime unconnected with that laid in the indictment, cannot be introduced in evidence against the accused, yet where the offenses are so connected that proof of the one necessarily involves proving the other, such proof is admissible. 2. On a trial for murder, proof that accused, with four associates, entered a saloon where they behaved in a disorderly manner, that accused without offense being given, pointed a loaded pistol at a ■bartender and attempted several times to discharge it, that his associates fired shots, one taking effect on an employee, that they left the saloon together hurriedly and were followed by persons attracted by the shooting, that in their retreat they encountered a detective who was shot while attempting to take a pistol from one of the party, a brother of the accused, within ten or fifteen minutes after the shooting in the saloon, is admissible where it is offered as a part of the rest gestae of the crime of murder of the detective, of which the accused was charged, and not merely to prove the commission of the earlier offense. 3. Such evidence would at least have warranted an inference that defendant was one of an organization banded together to commit crimes, thus connecting the other offenses with the one charged. 4. In such a case it is competent to show that the pistol used by the accused in the killing of the detective was the same weapon that accused displayed while engaged in the altercation at the saloon, and it is proper to admit the pistol in evidence. It is equally competent to offer in evidence a pistol that belonged to the brother of the accused, which was found under the body of the deceased after he had fallen.