Commonwealth v. Reeves
Supreme Court of Pennsylvania
Appeal, No. 200, Jan. T., 1920, by defendant, from judgment of O. & T. Phila. Co., Feb. T., 1919, No. 478, on verdict of murder of the second degree in case of Commonwealth v. William Reeves. Indictment for murder. Before Baldrige, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict of murder of the second degree on which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 200, Jan. T., 1920, by defendant, from judgment of O. & T. Phila. Co., Feb. T., 1919, No. 478, on verdict of murder of the second degree in case of Commonwealth v. William Reeves. Indictment for murder. Before Baldrige, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict of murder of the second degree on which judgment of sentence was passed. Defendant appealed. Errors assigned were the rulings and instructions set forth in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
The rule that the party calling a witness is not permitted to ask leading questions and is bound by his tes*363timony, is liberally construed in modern practice: Gantt v. Cox & Sons Co., 199 Pa. 208. It apparently proceeds upon the theory, as stated by text writers, that a rigid adherence to the practice in ordinary cases would be mala tides to the tribunal, and the weight of authority is in favor of the rule that, where a party is surprised in the testimony of a witness by his unexpectedly turning hostile, counsel may exercise the right of cross-examination of the…
2Cases cited4 opinions
- Bank of Northern Liberties v. DavisSupreme Court of Pennsylvania · 1843
- McNerney v. Reading CitySupreme Court of Pennsylvania · 1892
- Gantt v. Cox & Sons Co.Supreme Court of Pennsylvania · 1901
- Commonwealth v. WickettSuperior Court of Pennsylvania · 1902
3Cited by27 opinions
- Commonwealth v. ChambersSupreme Court of Pennsylvania · 1991
- Gibbs v. BurkeSupreme Court of the United States · 1949
- Commonwealth v. TurzaSupreme Court of Pennsylvania · 1940
- Commonwealth v. SparduteSupreme Court of Pennsylvania · 1923
- Commonwealth v. BrunoSupreme Court of Pennsylvania · 1934
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