Commonwealth v. Beingo
Supreme Court of Pennsylvania
Appeal, No. 317, Jan. T., 1907, by defendant, from judgment of O. & T. Luzerne Co., Sept. T., 1906, No. 219, on verdict of guilty of murder in the second degree in the case of Commonwealth v. Joseph Beingo.' Indictment for murder. Before Wheaton, J. At the trial it appeared that on June 28, 1906, the prisoner shot and killed his father-in-law, Raphael Marsicano. The defendant claimed that the shooting was in self-defense.
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Appeal, No. 317, Jan. T., 1907, by defendant, from judgment of O. & T. Luzerne Co., Sept. T., 1906, No. 219, on verdict of guilty of murder in the second degree in the case of Commonwealth v. Joseph Beingo.' Indictment for murder. Before Wheaton, J. At the trial it appeared that on June 28, 1906, the prisoner shot and killed his father-in-law, Raphael Marsicano. The defendant claimed that the shooting was in self-defense. The court charged in part as follows: In addition to the various facts testified to, -which you will recall, and some of which I have narrated to you, the defendant has put…
1Opinion of the Court
Per Curiam,
The first assignment of error complains that the judge did not charge the jury that “Evidence of good character, in itself, by the creation of a reasonable doubt may work the acquittal of the defendant.” But the trial judge is under no obligation to use any particular or set form of words. All that the prisoner is entitled to, even on trial for murder, is that the jury shall be accurately instructed as to the law applicable to every material phase of the case which the jury may under the evidence be authorized to consider. The substance of the law as to good character is that it is…
2Cited by10 opinions
- Commonwealth v. StelmaSupreme Court of Pennsylvania · 1937
- Commonwealth v. CisnerosSupreme Court of Pennsylvania · 1955
- Commonwealth v. NeelySupreme Court of Pennsylvania · 1988
- Commonwealth v. CaraffaSupreme Court of Pennsylvania · 1908
- Commonwealth v. Hoang Khai TranSuperior Court of Pennsylvania · 1982
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