COMMONWEALTH v. MUSSOLINE


429 Pa. 464 (1968)

Commonwealth v. Mussoline, Appellant.

Supreme Court of Pennsylvania.

April 16, 1968.


Attorney(s) appearing for the Case

George A. Spohrer, with him Helen M. Stack, and Hourigan, Kluger & Spohrer, for appellant.

Anthony B. Panaway, Assistant District Attorney, with him Arthur L. Piccone, First Assistant District Attorney, and Thomas E. Mack, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE ROBERTS, April 16, 1968:

Appellant, Anthony Mussoline, was tried before a judge and jury and convicted of malicious mischief in connection with the dynamiting of a scrap yard owned by one Salvatore Gaudiano. Relying entirely on circumstantial evidence to prove Mussoline's guilt, the Commonwealth was permitted to establish, inter alia, that three small droplets of blood found 60 feet from the scene of the explosion were of the same type, "A"...

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