Commonwealth v. Schuck
| Decision Date | 26 September 1960 |
| Citation | 164 A.2d 13,401 Pa. 222 |
| Parties | COMMONWEALTH of Pennsylvania v. Arthur Grover SCHUCK, Appellant. |
| Court | Pennsylvania Supreme Court |
John V. Snee, Pittsburgh, for appellant.
Richard P. Steward, Dist. Atty., Joseph S. Walko, First Asst. Dist Atty., Clarence D. Neish, Asst. Dist. Atty., Beaver, for appellee.
Before CHARLES ALVIN JONES, C.J., and BELL, MUSMANNO BENJAMIN R. JONES, COHEN, BOK and EAGEN, JJ.
The defendant, Arthur Grover Schuck, was indicted and tried before a jury for the murder of Vincent J. Quigley in Beaver County, Pennsylvania. He was found guilty of murder in the first degree and the penalty was fixed at death. From the judgment of sentence and denial of a new trial, this appeal was filed.
We have examined the record, as required under the provisions of the Act of February 15, 1870, P.L. 15, § 2, 19 P.S. § 1187, for the purpose of determining whether the essential ingredients of murder in the first degree affirmatively appear therein and we are completely satisfied that the facts and circumstances of the crime, as shown by the testimony definitely support the conviction.
On Sunday April 27, 1958, shortly after two o'clock a. m., William Engle, Angeline J. Pugliano and Quigley were riding in the front seat of an automobile operated by Engle on Ann Street in the village of Brownsdale, Economy Borough, Beaver County. Engle and Miss Pugliano were engaged to be married the following June. Quigley resided in a dwelling on Ann Street and Engle was in the process of driving him from his place of employment to his home. He drove the automobile a short distance beyond the Quigley residence and turned into a private driveway on property of one Mrs. Olga S. Ray, intending to turn around and proceed down Ann Street to permit Quigley to alight. As the vehicle was stopped momentarily, shots were fired from a .348 caliber Winchester rifle into the rear and side portions of the vehicle. Engle and Quigley were struck by some of the bullets and both died instantly. [1] Miss Pugliano was injured.
The latter testified that as Engle's car started to back out of the Ray driveway, a loud bang or shot sounded. Then, a second shot followed and a bullet came through the back of the car. There was a splatter of blood. Quigley got out of the car and yelled, Then, there was a third shot as Quigley fell back into the car, grabbing himself about the abdomen and slumping over. Miss Pugliano then crouched down on the floor at the middle portion of the seat with her back towards the front of the car. Looking through the front window on the passenger side, she saw a man spreading his legs, leveling a rifle, and firing two more shots into the car. The man then walked around to the driver's side of the car, put his face very close to the glass and looked in. He then walked back to a car parked a short distance away, started the motor, backed up the street with the headlights on and then turned them off while driving away.
The accused denied being in the vicinity of the shooting or committing the murders. He testified that he had been drinking heavily Saturday afternoon and night, and could not specifically account for his actions during the important hours involved. He suffered a complete lapse of memory for the period of from about twelve midnight, when he left a tavern in Ambridge, until he was in his home and knocked over an ashtray while preparing for bed. His wife testified that he arrived home about two-fifteen o'clock in the morning (Sunday) and that he was 'real drunk.' Other witnesses testified to seeing him drinking in taverns in Ambridge during the course of Saturday night. Some testified that at the time he was not intoxicated; one testified that he appeared to be intoxicated.
Following the shooting, state and local police went to the defendant's residence about four o'clock a. m. and found him in bed. He awakened swinging and kicking. In the kitchen under a couch or daybed, they found a .348 caliber Winchester rifle, admittedly the defendant's property. Four rounds of ammunition were in the magazine. In the right front pocket of a pair of trousers on the chair near his bedside, they found three loaded .348 caliber cartridges. Five such discharged shells were found at the scene of the shooting. Expert testimony was offered to the effect that tests proved these shells had been discharged from the defendant's rifle. [2]
Miss Pugliano, at the trial, positively identified the defendant as the man she saw firing the shots into the death car. She had never known the defendant before. As a result of her injuries, she was hospitalized for three weeks and, following her release, she was taken to police headquarters to observe a line-up consisting of six males. On this occasion, she definitely picked out and identified the defendant as the murderer.
Mrs. Ray, in whose driveway this tragedy occurred, was awakened by the first shot and ran to the front bedroom window. She saw the man firing shots from a rifle into the car and telephoned the police. She described the man in detail to the investigating officers. At a police line-up, she identified the defendant as being that man. At the trial, she testified that the defendant looked similar to the man she saw doing the shooting.
Witnesses also described the automobile parked at the scene of the shooting in which the slayer made his escape. The descriptions substantially fitted the automobile the defendant was driving that night.
Edward and Rose Ragozine reside in a house fronting on Ann Street, a few houses and a short distance away from the Ray property, the scene of the shooting. Almost immediately after the shooting, Mr. and Mrs. Ragozine arrived at their home in their automobile after being out for the evening. It was to them that Miss Pugliano ran screaming for help. Testimony at the trial indicated a strong similarity of appearance between the Engle automobile and the Ragozine automobile.
The defendant and Mrs. Ragozine had been having a close association for sometime previously. The details, most of which the defendant admitted, were outlined in her testimony at the trial. She testified, inter alia, that she had been trying to bring this relationship to an end for months and on one occasion had caused the defendant's arrest; that the defendant told her that if he could not have her, no one else would; that he threatened to kill her and her family; that he frequently called her on the telephone; and, that he drove his automobile up and down the street in the block where she resided, tooting the horn. On one occasion, he told her that he had hired some men to kill her...
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