Commonwealth v. Cate
Supreme Court of Pennsylvania
Appeal, No. 309, Jan. T., 1907, by defendant, from judgment of O. & T. Fayette Co., June T., 1907, No. 27, on verdict of guilty of murder in the first degree in case of Commonwealth v. William 1. Cate. Indictment for murder.
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Appeal, No. 309, Jan. T., 1907, by defendant, from judgment of O. & T. Fayette Co., June T., 1907, No. 27, on verdict of guilty of murder in the first degree in case of Commonwealth v. William 1. Cate. Indictment for murder. At the trial the court charged in part as follows: Evidence of good character is positive evidence and is entitled to the same consideration as other evidence submitted in the defendant’s behalf, an$ may give rise to the existence of a reasonable doubt where such doubt would not otherwise arise in making it improbable that a man of such character would commit the crime…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In Heine v. Commonwealth, 91 Pa. 145, it was held that “ evidence of good character is not a mere makeweight, thrown in to assist in the production of a result that would happen at all events, but is positive evidence and may, of itself, by the *140creation of a reasonable doubt, produce an. acquittal. In that case the learned court below instructed the jury that “if a man is guilty his previous good character has nothing to do with the case, but if you have doubt as to his guilt, then character steps in and aids in determining that doubt.” This instruction was held to…
2Cases cited3 opinions
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
- Heine v. CommonwealthSupreme Court of Pennsylvania · 1879
- Hanney v. CommonwealthSupreme Court of Pennsylvania · 1887
3Cited by23 opinions
- Commonwealth v. TrunkSupreme Court of Pennsylvania · 1932
- Commonwealth v. StonerSupreme Court of Pennsylvania · 1919
- Commonwealth v. GiovanettiSupreme Court of Pennsylvania · 1941
- Commonwealth v. RonelloSupreme Court of Pennsylvania · 1916
- Commonwealth v. TenbroeckSupreme Court of Pennsylvania · 1919
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