Commonwealth v. Johnson
Supreme Court of Pennsylvania
Appeal, No. 237, Jan. T., 1905, by defendant, from judgment of O. & T. Bradford Co., Dec. T., 1904, No. 13, on verdict of guilty of murder of the first degree in case of Commonwealth v. Charles Johnson. Indictment for murder. Before Fanning, P. J. The opinion of the Supreme Court states the case. Verdict of guilty of murder of the first degree on which judgment of sentence was passed. Defendant appealed. Errors assigned were various rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
On the trial of the appellant for murder a witness for the commonwealth was allowed to testify to statements made by a third party in the appellant’s presence, tending to show IÚS *608connection with the crime, which were immediately denied by him. Statements made in the presence of one accused of crime can be put in evidence against him only when his silence under the circumstances is ground for the inference of his assent to their correctness. The statements offered by the commonwealth, having been promptly and explicitly denied, could not be received as tending to…
2Cited by14 opinions
- Commonwealth v. BolishSupreme Court of Pennsylvania · 1955
- Commonwealth v. TurzaSupreme Court of Pennsylvania · 1940
- Commonwealth v. WestwoodSupreme Court of Pennsylvania · 1936
- Commonwealth v. MazarellaSupreme Court of Pennsylvania · 1924
- Commonwealth v. SydloskySupreme Court of Pennsylvania · 1931
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