Commonwealth v. Peyton
| Citation | 360 Pa. 441,62 A.2d 37 |
| Parties | Commonwealth v. Peyton, Appellant |
| Decision Date | 08 November 1948 |
| Court | United States State Supreme Court of Pennsylvania |
Argued September 27, 1948
Appeal, No. 176, March T., 1948, from judgment of Oyer and Terminer, Alleheny Co., September Sessions, 1947, No. 48, in case of Commonwealth v. Charles Peyton. Judgment affirmed.
Indictments charging defendant with murder and voluntary manslaughter. Before McNAUGHER, J.
Verdict of guilty of second degree murder and judgment of sentence thereon. Defendant appealed.
The judgment is affirmed.
Charles J. Margiotti, with him Vincent M. Casey and Margiotti & Casey, for appellant.
William H. Colvin, Assistant District Attorney, with him William S Rahauser, District Attorney, Craig Stockdale, Assistant District Attorney, and Leo Kelly, Jr., Assistant District Attorney, for appellee.
Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES JJ.
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 26th, 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 state 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 bar-room was dimly lighted. He could see the hole in the apron through which the 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, turned 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 defendant's account of the shooting: after everyone had left he started to clean up the bar. An automobile drove up and he heard several voices, male and female. They knocked at the door and said they wanted a drink. He told them to go away but they persisted. They said if he didn't let them in they were going to come in so he went and got the gun. He turned out all the lights thinking they would leave, but they kept pounding at the door. He then discharged the gun and immediately someone screamed "Charlie" and he realized that he had accidentally shot his wife. He did not know how she had gotten there as the last he knew she was downstairs in bed. She was walking in her bare feet. He stated that he had called a doctor but one would not come at that hour of the night.
Samuel J. Riddle, Sergeant of the County Detectives of Allegheny County, testified that he arrived at the roadhouse at about 4:40 A.M. on June 26, 1947. Defendant told him that he had closed the place at two and was sitting on a stool in back of the bar when he heard a pounding on the front door and a girl's voice. His wife went to the ladies room (in the storeroom) and the pounding continued. In order to scare them away he fired a shot into the floor and then his wife fell on the floor in front of him and that was the first he saw her or knew she was there. The witness asked defendant to show him the door through which his wife came to go to the ladies room and defendant led him to the door into the storeroom, which door, witness testified, was then fastened on the kitchen side by a screwdriver through the hasp.
Defendant told the same story at Headquarters with these additional facts: that his wife must have come from the ladies room, that he didn't know she was there; that McKenna came down about three minutes after the shot was fired; that he, defendant, called Tom Peyton and told him to get a doctor; that he didn't know how far away his wife was standing when he shot her because he didn't see her.
Tests for visibility in the barroom showed that with lights burning in the kitchen and with all the doors leading into the barroom closed, it was impossible to see in the barroom; when the north door was open six inches conditions were such that you could see people moving around; and when it was wide open you could see very well.
Dr. John H. Kiel, Jr., testified to the declarations made by Mrs. Peyton shortly after her admission to the hospital. In the presence of two witnesses, whom he believed to be her mother and sister, he asked Mary Peyton who had shot her and she answered that her husband had shot her and then added that it was accidental. One of the women said to her: "Well, how about the other times?" Mrs. Peyton did not reply.
After the dying victim had had the last rites of the Catholic Church administered to her by a priest, County Detective Sam Riddle Questioned her as to the shooting. According to his testimony she said: The detective then asked her if her husband could see her at that time. She answered: "Yes, and I saw him." The detective next asked her if the shooting was accidental or on purpose and she replied: "On purpose."
The Commonwealth also introduced witnesses who testified that defendant had abused his wife over a period of years and that he had shot at his wife on other occasions.
The jury returned a verdict of murder in the second degree with a recommendation of mercy. Defendant's motion for a new trial was dismissed and sentence was duly imposed. This appeal followed.
The first and second assignments of error raised the question whether on an indictment charging respectively murder and manslaughter there can be a verdict of murder in the second degree where the evidence of the Commonwealth tends to prove an intentional, malicious homicide and the evidence on behalf of the defendant tends to prove an accidental killing. The defendant contends that such a verdict is inconsistent with the evidence and should therefore be set aside.
It has so long been settled in Pennsylvania that, in the language of section 701 of The Penal Code of 1939, P.L. 872, and previous criminal codes, "The jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether the person is guilty of murder of the first or second degree", that it is somewhat a matter of surprise that anyone "learned in the law" should now raise the question presented in the assignments of error now under discussion.
The Court said in Commonwealth v. Flax, 331 Pa. 145, 200 A. 632: "In a murder case the jury are not bound to accept the version of the Commonwealth or that of the defense; it is their duty to consider all the testimony and to make up their minds therefrom as to the facts.'"...
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