Commonwealth v. Aiello
Supreme Court of Pennsylvania
Appeal, No. 55, Oct. T., 1897, by defendant, from judgment of O. and T., Jefferson Co., Dec. T.‘, 1896, No. 4, on indictment for murder. Indictment for murder. Before Reed, P. J., The facts are' stated by Reed, P. J., on a motion for a new trial as follows: ■ The testimony shows that Louis Scalzi, the deceased, and four others occupied one side of a double house, and the defendant, Joseph Aiello, and family, occupied the other side.
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Appeal, No. 55, Oct. T., 1897, by defendant, from judgment of O. and T., Jefferson Co., Dec. T.‘, 1896, No. 4, on indictment for murder. Indictment for murder. Before Reed, P. J., The facts are' stated by Reed, P. J., on a motion for a new trial as follows: ■ The testimony shows that Louis Scalzi, the deceased, and four others occupied one side of a double house, and the defendant, Joseph Aiello, and family, occupied the other side. The deceased, with others, had been invited to take his Christmas dinner with the defendant. He had been drinking during the forenoon, and was very quarrelsome.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
There is nothing in this record or the assignments of error that would justify the reversal of this judgment. The law was fully and accurately explained in the charge, the evidence contained all the elements of murder of the first degree, and the jury have found the appellant guilty. It is true that the conduct of the deceased had been violent and perhaps dangerous during the morning, and had the killing been done then there would have been sufficient evidence to justify.the jury in find*605ing a lower degree of homicide. But all this was past. Time, variously…
2Cases cited1 opinion
- Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
3Cited by1 opinion
- Commonwealth v. De FelippisSupreme Court of Pennsylvania · 1914