Commonwealth v. De Leo
Supreme Court of Pennsylvania
Appeals, Nos. 211 and 212, January T., 1913, by defendants, from judgment of O. & T. Fayette Go., March T., 1913, No. 11, on verdict of guilty of murder of the first degree in case of Commonwealth of Pennsylvania v. Luigi De Leo and Frank Wells. Indictment for murder.
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Appeals, Nos. 211 and 212, January T., 1913, by defendants, from judgment of O. & T. Fayette Go., March T., 1913, No. 11, on verdict of guilty of murder of the first degree in case of Commonwealth of Pennsylvania v. Luigi De Leo and Frank Wells. Indictment for murder. Before Van Swearingen, J. From the record it appeared that one Calvacante, who was walking on the public highway with his wife and with a friend, Charles H. Butler, was attacked by the defendants for the purpose of robbery, that Butler began to “halloo” and was thereupon shot by defendant Wells. Butler subsequently died of the…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
The defendants were convicted in the court below of murder of the first degree. The crime was committed in the perpetration of a robbery, or at least in an attempt to perpetrate a robbery. The verdict was fully warranted by the evidence which showed that the defendants in pursuance of a premeditated plan to perpetrate a robbery, acted together in furtherance of that unlawful purpose until the final act was committed which resulted in the death of their victim. At the end of the trial the evidence produced by the Commonwealth stood unchallenged and uncontradicted,…
2Cases cited12 opinions
- Commonwealth v. BiddleSupreme Court of Pennsylvania · 1901
- Kilpatrick v. CommonwealthSupreme Court of Pennsylvania · 1858
- Weston v. CommonwealthSupreme Court of Pennsylvania · 1886
- Commonwealth v. MajorSupreme Court of Pennsylvania · 1901
- Meyers v. CommonwealthSupreme Court of Pennsylvania · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. SparduteSupreme Court of Pennsylvania · 1923
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1941
- Commonwealth v. CicereSupreme Court of Pennsylvania · 1925
- Commonwealth v. ShawellSupreme Court of Pennsylvania · 1937
- Commonwealth v. LehmanSupreme Court of Pennsylvania · 1932
8 more not listed; retrieve them via the Exa API.