Commonwealth v. Capalla

Opinion by

Mr. Justice Maxey,

The defendant was tried on an indictment charging him with the murder of one John Festa. The defense was self-defense. The jury returned a verdict of voluntary manslaughter. Defendant was sentenced -to pay a small fine and to undergo imprisonment from three to six years in the Western Penitentiary. A new trial was asked for and refused. Defendant appealed.

On May 24, 1935, defendant was attending to his confectionery store in the City of Pittsburgh. According to defendant’s testimony, the deceased on the day in question entered defendant’s store, called him vile…