Summary
In Com. v. Snyder, 408 Pa. 253, 182 A.2d 495 (1962), it was held that a conviction based on a plea of nolo contendere had the same effect as a plea of not guilty for impeachment purposes.
Summary of this case from Com. v. WashingtonOpinion
May 4, 1962.
June 28, 1962.
Witnesses — Impeachment — Evidence — Admissibility — Prior conviction of witness — Plea of nolo contendere.
1. Whenever a defendant or other witness takes the witness stand, his testimony may be impeached by showing prior convictions of felonies, or misdemeanors in the nature of crimen falsi. [255]
2. For the purpose of impeaching a defendant's credibility, a conviction had upon a plea of nolo contendere has the same force and effect as a conviction on a plea of not guilty and the record is competent evidence of the fact of conviction. [255]
Criminal law — Homicide — Evidence — Admissibility — Photograph of victim — Vial of victim's blood identified but not admitted in evidence.
3. Where it appeared that on the trial of an indictment for voluntary manslaughter a vial containing the victim's blood was exhibited by the district attorney, but was not admitted in evidence and finally the court instructed its removal from the view of the jury, and the court below, after careful consideration, concluded that this in no way swayed the jury or resulted in prejudice, it was Held, in the circumstances, that the exhibition of the vial of blood to the jury was not sufficient ground for a new trial, particularly as it was not cited as a reason for a new trial in the court below. [254-7]
4. Where it appeared that when a photograph of the victim of the homicide was presented for identification defense counsel objected to its admission because the head of the victim, as depicted, manifested a gory, bloody mess, whereupon the portion of the photograph showing the head of the victim was cut away and the remaining portion of the photograph was then admitted into evidence; and this photograph evidenced, more vividly than any mere words, the location of the point of entry of the bullet into the body, it was Held, that the trial judge did not abuse his discretion in admitting the photograph in evidence. [256]
5. Photographs of the victim in a murder case are admissible to aid the jury in their understanding of the alleged crime and to show what exactly caused the victim's death. [256]
6. The admission of photographs of a victim in a murder trial for a relevant purpose is largely within the discretion of the trial court, and his ruling in this respect will not be reversed except for a flagrant abuse of discretion. [256]
Mr. JUSTICE MUSMANNO dissented.
Argued May 4, 1962. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.
Appeal, No. 215, Jan. T., 1962, from judgment of Court of Oyer and Terminer of Montgomery County, Nov. T., 1960, No. 181, in case of Commonwealth of Pennsylvania v. George M. Snyder. Judgment affirmed; reargument refused July 24, 1962.
Reporter's Note: On January 7, 1963, the Supreme Court of the United States denied a petition for a writ of certiorari.
Indictment charging defendant with murder. Before HONEYMAN, J.
Verdict entered finding defendant guilty of voluntary manslaughter, defendant's motion for new trial refused and judgment of sentence entered. Defendant appealed.
David Kanner, with him James R. Caiola, for appellant.
Harold W. Spencer, District Attorney, with him Thomas E. Waters, Jr., Assistant District Attorney, for Commonwealth, appellee.
Appellant-defendant shot and killed his brother-in-law during the course of an argument. He was tried and convicted of voluntary manslaughter. From the judgment of conviction and sentence this appeal is prosecuted.
No question is pressed as to the sufficiency of the evidence to support the verdict of the jury, nor could there be with any merit. However, it is argued that alleged trial errors require the grant of a new trial.
The defendant testified on his own behalf and attempted to portray the shooting as accidental. In rebuttal, for the purpose of attacking his credibility, the Commonwealth offered in evidence the defendant's plea of nolo contendere entered eight years before to an indictment charging the crime of embezzlement. It is asserted that its admission was error. To this, we cannot subscribe.
As stated in Commonwealth v. Butler, 405 Pa. 36, 173 A.2d 468 (1961), at 46, 47; "It has been the law in Pennsylvania for decades that whenever a witness or a defendant takes the witness stand, his testimony may be impeached by showing prior convictions of felonies, or misdemeanors in the nature of crimen falsi . . ." This is still the law in Pennsylvania. Further, for the purposes of impeaching a defendant's credibility, a conviction had upon a plea of nolo contendere has the same force and effect as a conviction on a plea of not guilty and the record is competent evidence of the fact of conviction: Commonwealth v. Albert, 169 Pa. Super. 318, 82 A.2d 695 (1951). The trial court carefully instructed the jury as to the limited purpose for which this testimony was admitted.
It is also argued that the defendant was unduly prejudiced by the fact that during the course of the trial, the district attorney caused to be exhibited and identified a small vial, or test tube, of blood allegedly taken from the body of the deceased victim. Its materiality to any relevant issue was not sustained, the exhibit was not admitted into evidence, and finally the court instructed the district attorney to remove it from the view of the jury. The defendant complains that its mere display inflamed the minds of the jurors against him. The court below, after careful consideration, concluded that this in no way swayed the jury or resulted in prejudice. We thoroughly agree. Its importance is exaggerated and stressed beyond all reasonable proportions. We further note that defense counsel considered it of such little significance as not to include it as an assignment of error in the written motion for a new trial in the court below.
Finally, appellant contends that the introduction and acceptance into evidence of a photograph of the deceased victim constituted prejudicial error. When the photograph was presented for identification, the attorney for the defense objected to the admission because the head of the victim, as depicted, manifested a gory, bloody mess. In view of the objection, the district attorney, upon the suggestion of the trial judge, agreed that the portion of the photograph showing the head of the deceased be cut away and removed. The remaining portion of the photograph was then admitted into evidence and shown to the jury. This portion of the exhibit evidenced, more vividly than any mere words, the location of the point of entry of the bullet into the body. For this purpose, it was clearly relevant. Photographs of the victim in a murder case are admissible to aid the jury in their understanding of the alleged crime and to show what exactly caused the victim's death: Commonwealth v. Ross, 403 Pa. 358, 169 A.2d 780 (1961).
The admission of photographs of a victim in a murder trial for a relevant purpose is largely within the discretion of the trial court, and his ruling in this respect will not be reversed except for a flagrant abuse of discretion: Commonwealth v. Novak, 395 Pa. 199, 150 A.2d 102 (1959). No such abuse of discretion is here present. Such exhibits are not to be excluded merely because they are horrid or gruesome. The picture of one in death, particularly if the death resulted from violent means, can never be expected to be an aesthetic or pleasant vision: See, Commonwealth v. Johnson, 402 Pa. 479, 167 A.2d 511 (1961); Commonwealth v. Dickerson, 406 Pa. 102, 176 A.2d 421 (1962).
A study of the record shows that the defendant received a fair and impartial trial. None of the assignments of error evidence any merit.
Judgment affirmed.
Mr. Justice MUSMANNO dissents.