COMMONWEALTH v. SCOLERI


399 Pa. 110 (1960)

Commonwealth v. Scoleri, Appellant.

Supreme Court of Pennsylvania.

April 4, 1960.


Attorney(s) appearing for the Case

Michael von Moschzisker, with him von Moschzisker, Bradley and Carroll, for appellant.

Paul M. Chalfin, First Assistant District Attorney, with him Domenick Vitullo, Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.; reargued January 14, 1960. Before JONES, C.J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, April 4, 1960:

Anthony "Tony" Scoleri, the appellant, and his brother, Joseph "Eddie" Scoleri,1 were charged in a bill of indictment by the grand jury of Philadelphia County with the murder on August 28, 1958 of one Max Gordon. After a trial before Judge VINCENT A. CARROLL and a jury the appellant was found guilty of murder in the first degree and the penalty...

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