Commonwealth v. Libonati

Opinion by

Mr. Justice Patterson,

Joseph Libonati, the appellant, was indicted and tried for the murder of one Carrie Kolb, who was shot and killed at about 12:30 a.m. on July 24, 1940, as she sat in a parked automobile with one John Ewing near 2645 West Carson Street, Pittsburgh. Ewing, a boarder of the deceased, was likewise shot and killed. The defense was an alibi — that appellant could not have committed the offense because he was at home and in bed at the time the fatal shots were fired. By their verdict the jury found appellant guilty of murder in the first degree and fixed the penalty…