Appeal, No. 163, Jan. T., 1958, from judgment of Court of Oyer and Terminer of Philadelphia County, Apr. T., 1956, Nos. 1671, 1672, 1673, in case of Commonwealth of Pennsylvania v. Anthony Romano. Judgment affirmed.
James Thomas McDermott, with him McDermott, Quinn, & Higgins, for appellant.
James McGirr Kelly, Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Before Jones, C.j., Bell, Musmanno, Arnold, Jones and Cohen, JJ.
OPINION BY MR. JUSTICE ARNOLD
Defendant was charged with the killing of Albert Foglietta in his restaurant-tavern at 6th and Bainbridge Street in Philadelphia, in the course of a robbery. He was indicted and convicted of murder in the first degree, and now appeals from the judgment and sentence of life imprisonment.
We have read and examined the entire record, but we set forth herein only such facts as are necessary to a full and fair consideration of the questions raised on this appeal. The decedent, Foglietta, owned and operated a tavern at the corner of 6th and Bainbridge Streets in the city of Philadelphia. He had closed his place of business at approximately 2:00 A.M., April 14th, and proceeded to tally his day's receipts. As he was doing so, his part-time employe, Salvatore Caputo, was eating a light lunch - both men being behind the bar. At about 2:30 A.M., a knock came to the curtained door, and a voice requested that decedent open the door, declaring also: "This is 'Nick'; this is 'Tony.'" The deceased having stated that the place was closed, the party apparently left. Approximately 10 to 15 minutes later, there was another knock and the same voice requested entrance. Deceased then went from the bar to the door, and upon opening it was met by the defendant who was masked with a handkerchief. With drawn pistol defendant forced the deceased back to the cash register, which was to the left of Caputo, and ordered deceased to give him the money.At this point the deceased handed the money to Caputo, and defendant shot the deceased. As he did so, the mask slipped from defendant's face, thus giving Caputo a full view of him.
Caputo then ran into the kitchen adjoining the bar, threw the money onto a shelf, retreated to the basement. He heard another shot, and then steps across the floor. Having determined that the gunman had departed, Caputo returned to the bar and found the deceased lying on the floor, with blood over part of the area. He also found a bloodstained dollar bill.
The police were called, and Caputo proceeded to give a description of the murderer, which proved to tally with the features of this defendant. On the same
day he pointed out defendant's police picture as being that of the killer. At about midnight of that day, defendant and his brother, having similar builds and features, were taken to Caputo for purposes of ...