Pennsylvania Superior Court Reports Volume 20

Pennsylvania Superior Court Reports Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... adopted the rule laid down in 1 Greenleaf on Evidence, sec. 444, where the learned author, after stating the arguments pro and con, says: " But the weight of authority seems in favor of admitting the party to show that the evidence has taken him by surprise and is contrary to the examination of the witness preparatory to the trial or to what the party had reason to believe he would testify, or that the witness has recently been brought under the influence of the other party and has deceived the party calling him." Judge BEAVER said: " The authorities in Pennsylvania very clearly sustain the right of the party calling awitness under such circumstances to cross-examine him for the purpose of showing that he had made statements different from those to which he testifies on the stand on a previous occasion, not, it is true, for the purpose of making his previous statements substantive evidence of the facts therein stated but in order to neutralize the evidence given by the witness." Applying these well settled principles to the case in hand, the learned trial judge committed no error in admitting the testimony and he correctly and adequately instructed the jury as to the sole purpose for which it was admitted. We must assume that they obeyed his instructions and did not give the testimony effect as substantive proof of the guilt of the defendant. As to the fifth assignment of error it would be suflicient to say that a motion in arrest of judgment is not the proper mode to raise the question as to the sufliciency of the evidence. We remark, however, that there was sufficient competent evidence to sustain the conviction. All the assignments of error are overruled, the judgment is afiirmed and the record is remitted more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236939689
  • 9781236939685