Legal Opinion

Commonwealth v. Vitale

Supreme Court of Pennsylvania

Decided July 3, 1915No. Appeal, No. 194PublishedCited by 6 opinions

Appeal, No. 194, Jan. T., 1915, by defendant, from judgment of O. & T. Lancaster Co., April Sessions, 1914, No. 71,.on verdict of guilty of murder of the-first degree in .case of Commonwealth of Pennsylvania v. Tony Vitale. Indictment for murder. Before Landis, P. J. The facts appear by the opinion of the Supreme Court. The jury found a verdict of guilty of murder of the first degree. Defendant appealed.

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Appeal, No. 194, Jan. T., 1915, by defendant, from judgment of O. & T. Lancaster Co., April Sessions, 1914, No. 71,.on verdict of guilty of murder of the-first degree in .case of Commonwealth of Pennsylvania v. Tony Vitale. Indictment for murder. Before Landis, P. J. The facts appear by the opinion of the Supreme Court. The jury found a verdict of guilty of murder of the first degree. Defendant appealed. Error assigned, among others, was in admitting in evidence the record showing that Rocco Tassone had been found guilty by a jury of murder of the first degree.

1Opinion of the Court

Opinion by

Mr. Chief Justice Brown,

Any person who is an accessory before the fact to a felony may be indicted, tried and convicted as if he were the principal felon: Act of March 31, 1860, Sec. 44, P. L. 440. Tony Vitale, the appellant, was indicted as a principal for the murder of Tony Collata, but was tried as an accessory before the fact and found guilty of murder of the first degree. The principal charged with the actual killing was Rocco Tassone, who was found guilty by a jury in the court below on the same day that this appellant was placed on trial.

On the trial of the appellant the…

2Cases cited3 opinions

  1. Commonwealth v. MinnichSupreme Court of Pennsylvania · 1915
  2. Commonwealth v. TassoneSupreme Court of Pennsylvania · 1914
  3. State v. . DuncanSupreme Court of North Carolina · 1845

3Cited by6 opinions

  1. Commonwealth v. SuttonSuperior Court of Pennsylvania · 1936
  2. Shields v. Westmoreland CountySupreme Court of Pennsylvania · 1916
  3. Com. Ex Rel. Arnold v. Ashe, WardenSuperior Court of Pennsylvania · 1944
  4. Commonwealth v. KarmendiSupreme Court of Pennsylvania · 1937
  5. Revocation of Physician's License, Pennsylvania Department of Justice1922

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