Appeal, No. 266, March T., 1964, from order of Court of Common Pleas of Allegheny County, April T., 1964, No. 456, in case of Commonwealth ex rel. Willie Peters v. James F. Maroney, Superintendent. Order affirmed.
Barney Phillips, for appellant.
Edwin J. Martin, Assistant District Attorney, with him Louis Abromson, Assistant District attorney, and Robert W. Duggan, District Attorney, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE MUSMANNO
Willie Peters, who was indicted on a charge of murder, pleaded guilty. The Court, without a jury, heard evidence to determine the degree of guilt and affix the penalty. It convicted him of murder in the second degree and sentenced him to a term of imprisonment not less than 10 nor more than 20 years.
He has now filed a petition for a writ of habeas corpus, averring that it was not proved at the trial that the death of Vincent Consentino, 73 years of age, who was admittedly struck and kicked by the defendant, was the result of the physical violence visited on him by the defendant. On July 7, 1960, the defendant physically attacked Consentino for the purpose of robbing him of his wallet and when Consentino resisted, Peters knocked him to the street and kicked him. Consentino was taken to the hospital and died 8 days later, the immediate cause of the death being pneumonia.
The defendant maintains that, such being the case, he could not be convicted of murder since it was a disease and not trauma which brought about the demise of Consentino. The disease, however, was the direct result of the trauma. It was the culminating link in the chain of causation forged by the defendant. Dr. Theodore R. Helmbold, a qualified pathologist, testified:
"A. ... From this examination I am of the opinion that death was due to acute bilateral bronchopneumonia following contusions of head and face with extradural intracranial hemorrhage. Q. Was there, in your opinion, Doctor, a casual relationship between the injury and the pneumonia? A. Yes, in my opinion there was. Pneumonia, bronchopneumonia, which is always a secondary thing, secondary to something else. It sets in as a complication. Q. That was the immediate cause of death, the acute bronchopneumonia? A. Yes. ... A. ... A fall that resulted in injuries that would cause the individual to be confined would cause certainly sufficient trauma that you could have this complication of acute bronchial pneumonia coming on. Of course, the confinement in the hospital, or confinement to bed itself is not the 100 per cent cause of these things. I mean an individual who has suffered a traumatic experience, of course, has a certain amount of shock, and all those sort of things also contribute. The amount they contribute depends entirely upon the extent of them, and the individual's physical condition. Q. The same contusions and bruises and so on a man of 20, 30, or in that neighborhood, Doctor, would rarely, if ever, have resulted as it did in this particular man's case? A. Well, you must remember this man had these hemorrhages in his head."
From this testimony it is evident that Consentino's death was the direct result of Peters' blows as much as if Peters had kicked Consentino in the chest and collapsed his lungs. In Commonwealth v. Scovern, 292 Pa. 26, 33, this Court said: "Proof of corpus delicti is not weakened by the fact that the medical testimony shows a disease or various diseases, the product of the wound itself, combined to produce death. It was of no consequence that the deceased died of ...