Commonwealth v. Weston

• Decision Date: 01 July 1929
• Docket Number: 252
• Citation: 297 Pa. 382,147 A. 79
• Parties: Commonwealth v. Weston, Appellant
• Court: Pennsylvania Supreme Court

147 A. 79

297 Pa. 382

Commonwealth v. Weston, Appellant

No. 252

Supreme Court of Pennsylvania

July 1, 1929

Argued May 13, 1929

Appeal, No. 252, Jan. T., 1929, by defendant, from judgment of O. & T. Phila. Co., Jan. T., 1929, No. 798, on verdict of guilty of murder of the first degree with penalty of death in case of Commonwealth v. William Weston, Jr. Affirmed.

Indictment for murder. Before McDEVITT, P.J.

The opinion of the Supreme Court states the facts.

Verdict of guilty of murder of the first degree with penalty fixed as death. Defendant appealed.

Errors assigned were various rulings and instructions, quoting record seriatim.

The judgment is affirmed and the record remitted to the court below with directions that the sentence imposed be carried out.

Otto Kraus, Jr., with him Michael Saxe, for appellant. -- Under the circumstances, keeping in mind the relationship and the thraldom which decedent exercised over defendant, all the elements of manslaughter were present: Com. v. Drum, 58 Pa. 9; Glasco v. Green, 273 Pa. 353.

A judge may express his opinion regarding the evidence, and in some cases it may be his duty so to do, but this should be so done as not to withdraw the evidence from the consideration and decision of the jury: Com. v. Johnson, 89 Pa.Super 439.

Defendant did not receive an impartial trial: Com. v. Myma, 278 Pa. 505.

Admission of defendant of a prior similar but disconnected crime of which he had not been convicted, was not permissible evidence.

Charles C. Gordon, Assistant District Attorney, with him John Monaghan, District Attorney, for appellee.

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

OPINION

MR. JUSTICE SADLER:

The defendant, William Weston, found guilty of murder of the first degree, with punishment fixed at death, complains that error was committed in his trial and asks that the judgment entered be reversed. The assignments of error relate principally to statements made by the trial judge in his charge to the jury, and the failure to answer certain points presented.

The facts surrounding the homicide are practically undisputed, and nearly all are to be found in three separate confessions, admittedly made by defendant, and his own testimony when called as a witness on his own behalf. It appeared that he became acquainted with one Helen Coles in 1919, due to association with her husband. At that time both parties resided in New London, Connecticut, and a meretricious relationship between Weston and decedent began, which continued until the time of the murder. In 1928 he came to Philadelphia, where the woman then lived. Upon request, he loaned her the sum of $22, which, according to his statement, was to be returned before Christmas. On the morning of December 20th he called at her house, and remained there for an hour or two before the assault took place which resulted in her death. In this interval, a female neighbor called, but observed no quarreling between the parties. After she had left, an altercation arose because of a telephone conversation had by decedent, evidently with another man, which angered defendant. She also refused, upon demand, to return the money Weston had advanced, stating that it had been expended to purchase an overcoat for her husband. Defendant then, according to his statement, hit her lightly on the face, whereupon the woman struck him with a laundry iron above the eye, partly blinding him, and causing his face to swell, as he said, though the presence of any physical marks indicating this was contradicted by the officers who subsequently arrested him.

When hit, he was seated on a chair by a table, and immediately reached his hand beneath the latter searching for some article with which to protect himself. He picked up an axe, though stating he did not know it was such, and struck Mrs. Coles repeatedly over the head causing three fractures of the skull, and three other serious bruises, though one or more of the latter may have resulted from her fall. According to the coroner, who subsequently investigated, there were six separate wounds, of which two at least indicated that the sharp side of the instrument had been employed. Mrs. Coles was removed to the hospital and remained unconscious until December 29th, when she died.

After the blows had been inflicted, the defendant took the axe to the cellar of the house, and either threw or hid it behind a wood pile, sufficiently concealed as not to be observed by the officers who made a cursory examination when called to the house. It was discovered later, admitted by defendant to be the weapon used, and introduced in evidence at the trial. After disposing of it, Weston went to the second floor opened the closets and bureau drawers and took therefrom clothing and jewelry within reach. He then started to leave by the front door, carrying the articles, which had been appropriated, as he said, in payment of the money owed him, but, observing someone on the outside, altered his course, returned through the house, and left through an alleyway in the rear. He pawned a part of the goods stolen, and subsequently gave away the remainder.

Later, he was arrested and made three confessions detailing the events practically as above set forth. He claimed that the blows inflicted were not intended to kill, desiring merely to protect himself, using for this purpose, in the admitted assault, the first weapon that came within his reach. It was not argued that the attack was excusable, as made in self-defense, and such position could not have been successfully sustained under the evidence. It was contended, however, that his anger was so aroused by the conduct of the decedent that the assault, resulting in death, was not in legal acceptation more than manslaughter.

The court, in its charge to the jury, narrated fully the facts disclosed both on behalf of the Commonwealth and defendant and plainly charged the jury as to its duties. It defined correctly what constituted murder of the first and second degree, as well as manslaughter, and told the triers that they might convict of any one of the offenses designated or acquit. Several points were presented by the defendant, suggesting that the circumstances proven did not warrant a conviction of other than the lesser crime defined, and these requests for instructions may, for present purposes, be considered as accurate statements of the law. They were not answered by the trial judge in the form presented, but the principles enunciated therein...