Commonwealth v. Daniele
Commonwealth v. Daniele
Opinion of the Court
Opinion by
This case involves the same criminal act which formed the basis of conviction in Commonwealth v. Fragassa, opinion filed herewith, the evidence being substantially the same in both cases. The discussion of the questions involved there is equally applicable here, consequently repetition is unnecessary. Additional questions raised in this case which were not discussed in that appeal will be briefly considered.
The evidence given on behalf of the Commonwealth was to the effect that the Black Hand Society had its headquarters at No. 80 Elm Street, Pittsburgh, the coffee store of Ferdinando Mauro, state leader of the society, the present defendant, Daniele, being a local leader. There was also evidence that up to the time of the killing of Fiore defendant received personal mail at Mauro’s store, the envelopes showing the addresses and postmarks having been offered and received in evidence un
We have examined the remaining assignments of error and find they suggest nothing warranting a reversal of the court below.
The judgment and sentence of the court below are affirmed and the record remitted for the purpose of execution.
Reference
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- Criminal law — Murder—Evidence—Addressed envelope. In a murder trial where there is evidence that defendant was a member of the “Black Hand Society” and that the crime was at least not opposed, if not actually instigated, by the society, and the court admits in evidence envelopes addressed to defendant at the headquarters of the society, solely to show his connection therewith, and the jury is so instructed, the court cannot be convicted of error in refusing defendant’s offer to introduce the contents of the envelopes in evidence, where there is no offer to show that the contents contained information as to the question at issue.