Commonwealth v. Peyton.

Citation360 Pa. 441,62 A.2d 37
PartiesCOMMONWEALTH v. PEYTON.
Decision Date08 November 1948
CourtUnited States State Supreme Court of Pennsylvania

360 Pa. 441
62 A.2d 37

COMMONWEALTH
v.
PEYTON.

Supreme Court of Pennsylvania.

Nov. 8, 1948.


Appeal No. 176, March term, 1948, from the Sentence of the Court of Oyer and Terminer and General Jail Delivery of the County of Allegheny at No. 48 O. and T., September Sessions, 1947; Wm. H. McNaugher, Judge.

Charles Peyton was convicted of murder in the second degree, and he appeals.

Affirmed.

62 A.2d 38

MAXEY, C. J., and DREW, LINN, STERN, PATTERSON, STEARNE and JONES, Jj.

Charles J. Margiotti, Vincent M. Casey, and Margiotti & Casey, all of Pittsburgh, for appellant.

William S. Rahauser, Dist. Atty., and William H. Colvin, Craig Stockdale, and Leo Kelly, Jr., Asst. Dist. Atty., all of Pittsburgh, for appellee.

MAXEY, Chief Justice.

This is an appeal by defendant, Charles Peyton, from the judgment and sentence of the Court of Oyer and Terminer of the County of Allegheny, entered upon a verdict of murder in the second degree. The sentence was imprisonment in the penitentiary for not less than 10 years or more than 20 years. The Commonwealth alleges that on June 26, 1947 at 2:20 a. m. Charles Peyton intentionally shot his wife Mary, with malice aforethought, the victim dying ten hours later. Defendant was charged in two bills of indictment, one with murder and the other with voluntary manslaughter.

Peyton conducted a roadhouse on Routes 22-30 Robinson Township, Allegheny County. It consisted of a large clubroom, bar and kitchen on the first floor, the living quarters of defendant and his wife in the basement, and Chef John McKenna's quarters on the second floor.

McKenna testified that the defendant procured a .45 caliber pistol from his downstairs living quarters and placed it on the table in the kitchen, telling McKenna that ‘the reason he had the gun was to defend his property, that he hoped he would never kill anyone but that he would fire a shot to scare anyone away.’ McKenna then went upstairs by way of the glass door leading from the kitchen to the stairway. After he had retired he heard a banging on a door, (which he supposed was the outside door), and a female voice exclaim, ‘Let me (or us) in Charlie.’ Shortly afterwards he heard a pistol shot, dressed hurriedly, and came down the stairway to the glass door leading into the kitchen. He further testified that there was an empty bucket against the opposite side of the door which was not there when he went upstairs. The Commonwealth claims that this bucket was so placed that if the chef pushed the door open it would make a noise and Peyton would thereby be apprised of his coming. He stated that a screw driver was in the hasp of the door to his right which led into the storage room. However, he did not try this door. From this position he observed that the north door leading from the kitchen into the barroom was open and that the ceiling light was on in the kitchen. He called the defendant, and receiving no response, called again. After the second call, Peyton appeared in the north entry to the bar and then disappeared again. McKenna crossed the kitchen to the north door and followed defendant who was running up along the bar. Defendant turned and said he had shot Mary (his wife) accidentally. When defendant made this statement he was probably six feet away from his wife, who said nothing. Back of the bar, near the south entry, the witness discovered the body of Mary Peyton on the floor. The barroom was dimly lighted. He could see the hole in the apron through which a bullet had passed and powder marks around the hole.

The bullet had entered the victim's body through the left breast and emerged through the right hip. When the defendant approached his wounded wife she told him to ‘get away’ from her. He approached her a second time and again she told him ‘to get away’ from her. At the time Peyton was on his knees beside his wife and was saying to her that he was sorry, that it was an accident, that he didn't know she was there and he was trying to caress her. Peyton went, at the direction of McKenna, to the phone to call a doctor and after finishing the call, truned around and said he was going to call the police. Shortly afterwards the telephone rang and the witness answered the phone. A girl asked if this were Peytons, said this was the doctor, and that the doctor would be right out.

County Detective Brotherton testified that he arrived at the Peyton roadhouse at 4:04 a. m. and Peyton said he had accidentally shot his wife. Peyton told him that he had thrown the gun on the floor under the bar and the witness located it. This is

62 A.2d 39

defendant's account of the shooting: after every one had left he started to clean up the...

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