Superior Court of Pennsylvania July 15, 1908, No. 2; Appeals, Nos. 190 and 191 (Commonwealth v. McDermott)

Opinion by

Morrison, J.,

The learned counsel for appellant state the questions in*20volved thus: 1. “Is the Act approved the 29th day of May, a. d.. 1901, P. L. 327, in conflict with the constitution of Pennsylvania, or of the United States?”

2. “ Does the following language used by the court in charging the jury constitute an adverse reference to the failure of the defendant to testify?