Commonwealth v. Pacito
Supreme Court of Pennsylvania
Appeal, No. 213, Jan. T., 1910, by defendant, from judgment of O. & T. Phila. Co., Nov. Sessions, 1909, No. 273, on verdict of guilty of murder of the first degree in case of Commonwealth v. Antonio Pacito. Indictment for murder. Before Ralston, J. The court charged in part as follows: In the first place, what was the crime committed in this case? Four of the witnesses who have testified saw the shooting.
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Appeal, No. 213, Jan. T., 1910, by defendant, from judgment of O. & T. Phila. Co., Nov. Sessions, 1909, No. 273, on verdict of guilty of murder of the first degree in case of Commonwealth v. Antonio Pacito. Indictment for murder. Before Ralston, J. The court charged in part as follows: In the first place, what was the crime committed in this case? Four of the witnesses who have testified saw the shooting. They were Maria Silvia, Joseph Cosky, Sebastian Polito and Tony Bonella. These witnesses, who were either in the house or in the street near the house, testified that they saw the prisoner…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Appellant shot and killed the deceased for whose murder he was conyicted. Pacito in the evening came to the boarding house in which Rizzi, the murdered man, was eating his supper; called him to the front door, drew a revolver and fired three shots, all of which took effect, resulting in almost instant death. He then ran away and while attempting to make his escape threw the revolver into a graveyard. The manner of the shooting and the acts of appellant indicate malice, deliberation and premeditation. The killing was willful and brutal and unless excused by the plea…
2Cases cited2 opinions
- McMeen v. CommonwealthSupreme Court of Pennsylvania · 1887
- Commonwealth v. CaraffaSupreme Court of Pennsylvania · 1908
3Cited by19 opinions
- Commonwealth v. BarnakSupreme Court of Pennsylvania · 1947
- Commonwealth v. BrunoSupreme Court of Pennsylvania · 1934
- Commonwealth v. TraceySuperior Court of Pennsylvania · 1939
- Commonwealth v. BeckerSupreme Court of Pennsylvania · 1937
- Commonwealth v. DarcySupreme Court of Pennsylvania · 1949
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