Commonwealth v. Sterling

• Decision Date: 02 January 1934
• Docket Number: 289
• Citation: 314 Pa. 76,170 A. 258
• Parties: Commonwealth v. Sterling, Aplnt., et al
• Court: Pennsylvania Supreme Court

170 A. 258

314 Pa. 76

Commonwealth v. Sterling, Aplnt., et al

No. 289

Supreme Court of Pennsylvania

January 2, 1934

Argued November 28, 1933

Appeal, No. 289, Jan. T., 1933, by defendant, Joseph Sterling, from judgment and sentence of O. & T., G.J.D. and Q.S. Philadelphia Co., Jan. Sessions, 1933, No. 1179, in case of Commonwealth v. Robert Harris and Joseph Sterling. Judgment affirmed and record remitted for purpose of execution.

Indictment for murder. Before DAVIS, P.J.

The opinion of the Supreme Court states the facts.

Sentence of death after hearing of evidence. Before DAVIS, P.J LAMBERTON and BROWN, JJ., without a jury. Defendant appealed.

Error assigned, inter alia, was judgment, quoting record.

Judgment affirmed and record remitted for the purpose of execution.

G. Levering Arnhold, for appellant.

Vincent A. Carroll, Assistant District Attorney, with him Charles F. Kelley, District Attorney, for appellee.

Before FRAZER, C.J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.

OPINION

MR. JUSTICE KEPHART:

Joseph Sterling pleaded guilty to the charge of murder. The court below, after hearing the Commonwealth's evidence, fixed the degree of the crime as murder in the first degree and sentenced Sterling to death.

The sole question is whether the penalty fixed by the lower court, when considered in relation to the acts done by defendant, is too severe and disproportionate; should it be mitigated to life imprisonment?

This court has the power to reverse, modify or affirm the judgment of the trial court, not only by statutory authority, but as an inherent judicial function of an appellate court: Com. v. Garramone, 307 Pa. 507; Beale v. Com., 25 Pa. 11; Daniels v. Com., 7 Pa. 371; Drew v. Com., 1 Whart. 279, 281. See Act of June 16, 1836, P.L. 784, section 1.

The death penalty has been fixed by the legislature in the belief that it not only protects society from the antisocial actions of the particular person condemned and punishes him as well, but that it is, in its imposition in each case, a deterrent to others who may contemplate injury to society. The propriety of this policy is not for our determination. We apply the law enacted by the legislature in the cases as they arise. The alternate penalties of death and life imprisonment are provided, not with the idea that the courts may impose the one or the other arbitrarily or without reason upon a conviction of first-degree murder. Where the heinous offense is lessened because of the mitigating circumstances arising from the emotion or the pressure of events under which the offender has acted, or for other satisfactory cause, and he is customarily of law-abiding nature and habits, the court is justified in fixing the lesser of the two penalties; but it cannot undermine the policy and intention of the legislature by permitting its own feelings to intrude on the wisdom of that policy.

Charles Downey, the decedent, had resided for sometime prior to his death at 917 South 16th Street, in the City of Philadelphia, with a friend, Frank Cassidy. Both of these men were advanced in years. An acquaintance of the defendant had heard a rumor to the effect that decedent had recently come into possession of several thousand dollars, the proceeds of an insurance policy on his sister's life, and communicated this to defendant. The defendant and this acquaintance, a week or so before the killing, broke into the house on 16th Street, but, finding nothing of value, left. Neither of the old gentlemen was at home.

On December 17, 1932, the defendant, with a friend, Robert Harris, came to the door of the 16th Street house, rang the door bell, and when Downey responded, thrust their way by him in silence and proceeded through the hallway to the kitchen where Cassidy was sitting. Downey apparently followed the intruders to the kitchen. The defendant, as he entered the kitchen, drew a revolver, which was offered in evidence. Cassidy attempted to escape and was struck with a revolver several times on the head by Harris, defendant's companion. Almost immediately Cassidy heard a shot. A little later, following a trail of blood, he went to the house next door to ask for Downey and found him there with wounds through the neck and hand, from which he died four days later, on December 21, 1932. Defendant was apprehended, and on December 31st signed a written...