Commonwealth v. Mondollo

Citations

• 247 Pa. 526
• 93 A. 612
• 1915 Pa. LEXIS 879

Syllabus

<p>Criminal law — Murder—First degree — Intent—Premeditation— Deliberation — “Lying in wait” — Trials—Charge to jury.</p> <p>On the trial of an indictment for murder where it appeared that the victim, an eighteen years old girl, was employed in a restaurant; that before leaving the restaurant on the evening of the murder she held a conversation with the accused, who followed her and an escort to the theatre; that the accused went inside and a few minutes later left and returned to the restaurant; that when deceased returned she found him sitting at a table and told him to cease bothering her with his attentions, whereupon he arose, drew a revolver from his pocket and shot her twice in the neck, causing her death two days later; and that defendant told two witnesses that he had returned from the theatre to the restaurant for the purpose of awaiting her return and shooting her, the defendant cannot complain of the court’s definition of “lying in wait,” where the jury were given clearly to understand that the Commonwealth could not convict defendant of murder of the first degree unless they found an intent on his part at the time of the killing to take life, of which intent his mind was fully conscious, and for the accomplishment of his purpose there had been sufficient time to lay the plan and select the weapon to carry it into execution; and where there was no other error in the charge of the court, a verdict and judgment of guilty of murder of the first degree were sustained.</p>