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COMMONWEALTH v. SCHUCK (09/26/60)

September 26, 1960

COMMONWEALTH
v.
SCHUCK, APPELLANT.



Appeal, No. 40, March T., 1960, from judgment and sentence of Court of Oyer and Terminer of Beaver County, June T., 1958, No. 17, in case of Commonwealth of Pennsylvania v. Arthur Grover Schuck. Judgment and sentence affirmed.

COUNSEL

John V. Snee, for appellant.

Joseph S. Walko, First Assistant District Attorney, with him Clarence D. Neish, Assistant District Attorney, and Richard P. Steward, District Attorney, for Commonwealth, appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Eagen

[ 401 Pa. Page 223]

OPINION BY MR. JUSTICE EAGEN

The Defendant, Arthur Grover Schuck, was indicted and tried before a jury for the murder of Vincent J. Quigley in Beaver County, Pennsylvania. He was found guilty of murder in the first degree and the penalty was fixed at death. From the judgment of sentence and denial of a new trial, this appeal was filed.

We have examined the record, as required under the provisions of the Act of February 15, 1870, P.L. 15, § 2, 19 PS § 1187, for the purpose of determining whether the essential ingredients of murder in the first degree affirmatively appear therein and we are completely satisfied that the facts and circumstances of the crime, as shown by the testimony, definitely support the conviction.

On Sunday, April 27, 1958, shortly after two o'clock a.m., William Engle, Angeline J. Pugliano and Quigley were riding in the front seat of an automobile

[ 401 Pa. Page 224]

    operated by Engle on Ann Street in the village of Brownsdale, Economy Borough, Beaver County. Engle and Miss Pugliano were engaged to be married the following June. Quigley resided in a dwelling on Ann Street and Engle was in the process of driving him from his place of employment to his home. He drove the automobile a short distance beyond the Quigley residence and turned into a private driveway on property of one Mrs. Olga S. Ray, intending to turn around and proceed down Ann Street to permit Quigley to alight. As the vehicle was stopped momentarily, shots were fired from a .348 caliber Winchester rifle into the rear and side portions of the vehicle. Engle and Quigley were struck by some of the bullets and both died instantly.*fn1 Miss Pugliano was injured.

The latter testified that as Engle's car started to back out of the Ray driveway, a loud bang or shot sounded. Then, a second shot followed and a bullet came through the back of the car. There was a splatter of blood. Quigley got out of the car and yelled, "Hey, Cook, what are you doing? Are you crazy?" Then, there was a third shot as Quigley fell back into the car, grabbing himself about the abdomen and slumping over. Miss Pugliano then crouched down on the floor at the middle portion of the seat with her back towards that front of the car. Looking through the front window on the passenger side, she saw a man spreading his legs, leveling a rifle, and firing two more shots into the car. The man ...


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