Commonwealth v. Puretta
Superior Court of Pennsylvania
Appeal, No. 127, April T., 1920, by defendant, from judgment of O. and T. Allegheny County, May Sessions, 1919, No. 87, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Tony Puretta and Joe Torino. Indictment for attempt to commit arson.
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Appeal, No. 127, April T., 1920, by defendant, from judgment of O. and T. Allegheny County, May Sessions, 1919, No. 87, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Tony Puretta and Joe Torino. Indictment for attempt to commit arson. Before Haymaker, J. The facts are stated in the following opinion of the court below, discharging motions for new trial and in arrest of judgment: The indictment charges that the defendants, on April 1, 1919: “Unlawfully and feloniously did then and there maliciously and voluntarily cause and attempt to set fire to, with intent to burn the…
1Opinion of the Court
Opinion by
Head, J.,
The defendants were indicted for and convicted of an attempt to commit arson. The defense advanced embraced two separate branches, to wit: 1. The evidencé as a whole discloses nothing more at the most than a naked isolated intent to burn and was not sufficient to support a conviction of an attempt to burn. 2. The evidence as a whole was insufficient to support the conclusion that the defendants or either of them could be identified as the guilty party or parties.
1. The opinion filed by the learned court below, which will be printed with the record of the case, points out,…
2Cited by7 opinions
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