Appeal, No. 130, March T., 1963, from judgment of Court of Oyer and Terminer and General Jail Delivery of Allegheny County, March T., 1962, Nos. 119 and 120, in case of Commonwealth of Pennsylvania v. Donald D. Carroll, Jr. Judgment affirmed.
Harold Gondelman, with him M. Barney Cohen, for appellant.
William Claney Smith, Assistant District Attorney, with him George Ross, Assistant District Attorney, and Edward C. Boyle, District Attorney, for Commonwealth, appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. CHIEF JUSTICE BELL
The defendant, Carroll, pleaded guilty generally to an indictment charging him with the murder of his wife, and was tried by a Judge without a jury in the Court of Oyer and Terminer of Allegheny County. That Court found him guilty of first degree murder and sentenced him to life imprisonment. Following argument and denial of motions in arrest of judgment and for a new trial, defendant took this appeal. The only questions involved are thus stated by the appellant:
(1) "Does not the evidence sustain a conviction no higher than murder in the second degree?"
(2) "Does not the evidence of defendant's good character, together with the testimony of medical experts, including the psychiatrist for the Behavior Clinic of Allegheny County, that the homicide was not premeditated or intentional, require*fn1 the Court below
to fix the degree of guilt of defendant no higher than murder in the second degree?"
The defendant married the deceased in 1955, when he was serving in the Army in California. Subsequently he was stationed in Alabama, and later in Greenland. During the latter tour of duty, defendant's wife and two children lived with his parents in New Jersey. Because this arrangement proved incompatible, defendant returned to the United States on emergency leave in order to move his family to their own quarters. On his wife's insistence, defendant was forced first to secure a "compassionate transfer" back to the States, and subsequently to resign from the Army in July of 1960, by which time he had attained the rank of Chief Warrant Officer. Defendant was a hard worker, earned a substantial salary and bore a very good reputation among his neighbors.
In 1958, decedent-wife suffered a fractured skull while attempting to leave defendant's car in the course of an argument. Allegedly this contributed to her mental disorder which was later diagnosed as a schizoid personality type. In 1959 she underwent psychiatric treatment at the mental hygiene clinic in Aberdeen, Maryland. She complained of nervousness and told the examining doctor "I feel like hurting my children." This sentiment sometimes took the form of sadistic "discipline" toward their very young children. Nevertheless, upon her discharge from the clinic, the doctors considered her much improved. Which this background we come to the immediate events of the crime.
In January, 1962, defendant was selected to attend an electronics school in Winston-Salem, North Carolina, for nine days. His wife greeted this news with violent argument. Immediately prior to his departure for Winston-Salem, at the suggestion ...