Commonwealth v. Carelli

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtSIMPSON, J.
PartiesCOMMONWEALTH v. CARELLI.
Decision Date05 January 1925
127 A. 305

COMMONWEALTH
v.
CARELLI.

Supreme Court of Pennsylvania.

Jan. 5, 1925.


Appeal from Court of Oyer and Terminer, Allegheny County; Hon. Thomas D. Carnahan, Judge.

Albert Carelli was convicted of murder, and he appeals. Affirmed.

127 A. 306

Argued before MOSCHZISKER, C. J., and FRAZER, WALLING, SIMPSON, KEPHART, SADLER, and SCHAFFER, JJ.

Rody P. Marshall, Ralph C. Davis, and William J. Connelly, all of Pittsburgh, for appellant.

Samuel H. Gardner, Dist. Atty., and Harry A. Estep, First Asst. Dist. Atty., both of Pittsburgh, for the Commonwealth.

SIMPSON, J. Defendant appeals from a sentence of death imposed upon him, following his conviction of murder of the first degree. By his confession which was offered in evidence, it appeared that the murder had been committed in the course of an attempted robbery. This is murder of the first degree (section 74 of the Act of March 31, 1860, P. L. 382, 402; Pa. St. 1920, § 7974), and hence we need go no further in the performance of the duty imposed on us by section 2 of the Act of February 15, 1870 (P. L. 15; Pa. St. 1920, § 560), for, in giving effect to that statute, we must accept as true all the evidence upon whieh, if believed, the jury could properly have based its verdict. McGinnis v. Comm. 102 Pa. 66; Comm. v. Priest, 272 Pa. 549, 116 A. 403. It is true defendant alleged that his confession was improperly extorted, but the jury have found this fact against him, and no valid reason appears why we should hold they erred in so doing.

Briefly stated, the essential facts are these: Defendant and two other young men determined to rob a saloon in the city of Pittburgh. He and one of the others disguised their faces, entered the saloon with drawn pistols, and required its occupants to hold up their hands. Defendant then kept guard over them while his companion attempted to steal the money in the cash register. The bartender objected to this procedure, whereupon defendant called upon his companion to shoot. Both of them fired; the bartender was hit and died as a result thereof. The murderers then left the saloon and escaped in a nearby automobile, in charge of the third confederate. Twenty-five days later, they and others were arrested. At that time all the party were armed, defendant, who was anting as chauffeur, having his pistol on the seat, partly under him, with the butt projecting so that he could easily grasp and use it. Later defendant and his confederates made and signed separate confessions, taken at different times and places. The three confessions were read to all of them, and the only question then raised by defendant was as to whether or not, at the time of the murder, he or his companion had the larger pistol—an immaterial matter since they had been engaged in an attempted robbery.

The only assignments of error other than those relating to the evidence allege that the court erred in not sufficiently calling to the jury's attention their right to determine the degree of the crime, and in not stating clearly the law applicable to the...

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36 practice notes
  • Com. v. Redline
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 10, 1958
    ...v. Grether, 204 Pa. 203, 53 A. 753; Commonwealth v. Lessner, Page 477 274 Pa. 108, 118 A. 24; Commonwealth v. Carelli, 281 Pa. 602, 127 A. 305; Commonwealth v. McManus, 282 Pa. 25, 127 A. 316; Commonwealth v. Lawrence, 282 Pa. 128, 127 A. 465; Commonwealth v. Doris, 287 Pa. 547, 135 A. 313;......
  • Com. v. Kravitz
    • United States
    • United States State Supreme Court of Pennsylvania
    • April 18, 1960
    ...1937, 328 Pa. 321, 324, 195 A. 62, 63; Com. v. Watkins, 1929, 298 Pa. 165, 168, 148 A. 65, 66; Com. v. Carelli, 1925, 281 Pa. 602, 605, 127 A. 305, 306; Com. v. Priest, 1922, 272 Pa. 549, 550, 116 A. 403; Com. v. Diaco, 1920, 268 Pa. 305, 306, 111 A. 879, 880.' Commonwealth v. Logan, 361 Pa......
  • Com. v. Johnson
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 26, 1950
    ...not from the credibility of the accuser, but from the silence of the accused in response to it. Commonwealth v. Carelli, 281 Pa. 602, 606, 127 A. 305, 306; Commonwealth v. Vallone, 347 Pa. 419, 421, 32 A.2d 889, 890. Not only did Johnson not attempt to refute anything contained in the state......
  • Com. v. Burns
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 21, 1963
    ...1937, 328 Pa. 321, 324, 195 A. 62, 63; Com. v. Watkins, 1929, 298 Pa. 165, 168, 148 A. 65, 66; Com. v. Carelli, 1925, 281 Pa. 602, 605, 127 A. 305, 306; Com. v. Priest, 1922, 272 Pa. 549, 550, 116 A. 403; Com. v. Diaco, 1920, 268 Pa. 305, 306, 111 A. 879, In reviewing this record to determi......
  • Request a trial to view additional results
36 cases
  • Com. v. Redline
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 10, 1958
    ...v. Grether, 204 Pa. 203, 53 A. 753; Commonwealth v. Lessner, Page 477 274 Pa. 108, 118 A. 24; Commonwealth v. Carelli, 281 Pa. 602, 127 A. 305; Commonwealth v. McManus, 282 Pa. 25, 127 A. 316; Commonwealth v. Lawrence, 282 Pa. 128, 127 A. 465; Commonwealth v. Doris, 287 Pa. 547, 135 A. 313;......
  • Com. v. Kravitz
    • United States
    • United States State Supreme Court of Pennsylvania
    • April 18, 1960
    ...1937, 328 Pa. 321, 324, 195 A. 62, 63; Com. v. Watkins, 1929, 298 Pa. 165, 168, 148 A. 65, 66; Com. v. Carelli, 1925, 281 Pa. 602, 605, 127 A. 305, 306; Com. v. Priest, 1922, 272 Pa. 549, 550, 116 A. 403; Com. v. Diaco, 1920, 268 Pa. 305, 306, 111 A. 879, 880.' Commonwealth v. Logan, 361 Pa......
  • Com. v. Johnson
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 26, 1950
    ...not from the credibility of the accuser, but from the silence of the accused in response to it. Commonwealth v. Carelli, 281 Pa. 602, 606, 127 A. 305, 306; Commonwealth v. Vallone, 347 Pa. 419, 421, 32 A.2d 889, 890. Not only did Johnson not attempt to refute anything contained in the state......
  • Com. v. Burns
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 21, 1963
    ...1937, 328 Pa. 321, 324, 195 A. 62, 63; Com. v. Watkins, 1929, 298 Pa. 165, 168, 148 A. 65, 66; Com. v. Carelli, 1925, 281 Pa. 602, 605, 127 A. 305, 306; Com. v. Priest, 1922, 272 Pa. 549, 550, 116 A. 403; Com. v. Diaco, 1920, 268 Pa. 305, 306, 111 A. 879, In reviewing this record to determi......
  • Request a trial to view additional results

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