Commonwealth v. Nunamaker

Opinion by

Keller, J.,

On full consideration of the record in this case we are obliged to sustain the eighth and eleventh assignments of error. We might pass over either of them, if it stood alone, on the principle that it could not have misled the jury, (Com. v. Daily, 280 Pa. 59), but taken together, we are not satisfied that the jury were not confused by the court’s charge. After, instructing the jury substantially correctly on the subject of reasonable doubt, the trial judge went on to say: “Preponderance of evidence does not necessarily mean the greater number of witnesses, but it means…