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PEYTON v. MARGIOTTI

398 Pa. 86 (1959)

Peyton v. Margiotti, Appellant.

Supreme Court of Pennsylvania.

December 30, 1959.

Attorney(s) appearing for the Case

Samuel L. Goldstein, with him Alexander L. Suto, and Suto, Power, Goldstein & Walsh, for appellant.

J.I. Simon, with him James A. Danahey, for appellees.

Before JONES, C.J., BELL, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE BOK, December 30, 1959:

In 1947 Charles J. Margiotti, Esquire, defended Charles Peyton against a charge of felonious homicide. The result was a conviction of murder in the second degree, which, with a recommendation of mercy, led Chief Justice MAXEY to remark at the end of his opinion of affirmance, at 360 Pa. 441 (1948), that Peyton's escape from a worse fate "cannot be attributed to any weakness in the Commonwealth's case." The ensuing sentence...

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