Commonwealth ex rel. Price v. Russell
Commonwealth ex rel. Price v. Russell
Opinion of the Court
Opinion by
On December 20, 1947, Martin Price shot and killed his estranged wife, Margaret. The shooting took place at about 4:30 P.M. on a public street in the presence of several witnesses. Price was immediately apprehended by a bystander and within less than three hours gave to police a signed statement admitting the shooting.
On January 13, 1948, two attorneys were retained by Price and on September 20, 1948, with those counsel present, Price pleaded guilty to murder in the Court of Common Pleas of Huntingdon County. Thereafter, Price was tried, convicted of murder in the first degree and sentenced to the term of life imprisonment he is now serving. No post trial motions were filed
Liberally read, Price’s petition makes the following claims (1) that his conviction of murder in the first degree is invalid because an involuntary confession was admitted into evidence against him (2) that his guilty plea was invalid because induced by the involuntary statement given to police (3) that his conviction of murder in the first degree is invalid because the determination as to the degree of guilt was made by one rather than three judges, and (4) that evidence presented against him was insufficient to sustain a conviction of murder in the first degree.
The claimed involuntariness of the statement taken from Price and admitted into evidence against him is based solely on his assertions that he was denied a request for assistance of counsel at the time of interrogation and that he lacked “mental capacity to comprehend and competently make decisions” at that time. Given the pre-Escobedo date of Price’s interrogation and trial, the mere denial of counsel, does not ipso facto make his confession constitutionally inadequate, Commonwealth v. Negri, 419 Pa. 117, 129, 213 A. 2d 670, 676 (1965) ; Commonwealth ex rel. Wilkes v. Maroney, 423 Pa. 113, 116, 222 A. 2d 856, 858-59 (1966). As to Price’s bare allegation that he “lacked mental capacity to comprehend and competently make decisions,” we do not believe that it is sufficiently specific to require us to remand for a factual hearing. Nowhere in Price’s petition is there the slightest suggestion of any intoxication, feeblemindedness or mental disease at the time of interrogation. It may be that Price’s claimed lack of “mental capacity” has reference to the indications in the record that he was virtually illiterate at the time of his interrogation. But even under decisions most sensitive to the rights of de
Having determined that the statement given police by Price was not constitutionally involuntary, his assertion that his guilty plea was invalid because induced by the involuntary statement must also fail.
Price’s contention that a one judge court was without jurisdiction to conduct the hearing following his guilty plea is without merit. There is no requirement in the Constitution of Pennsylvania that such a hearing be conducted by more than one judge, Commonwealth v. Cater, 402 Pa. 48, 53, 166 A. 2d 44, 47 (1960), cert. denied, 366 U.S. 914, 915, 81 S. Ct. 1089, 1090 (1961); Pa. Const., Art. V, §5, nor is there statutory
Finally, Price’s argument that the Commonwealth failed to sustain its burden of proving murder in the first degree is totally without merit. Defendant himself admitted purchasing the murder weapon a few days prior to the shooting, practicing with it, loading it the day of the shooting, and firing the fatal shots. Defendant also admitted that he had had disputes with his wife over her returning to live with him and over the disposition of certain property. Several Commonwealth witnesses, uncontradicted except by the defendant himself, testified to statements made by the defendant consistent with the premeditation and intent
The defendant’s only response to these statements were flat denials; his explanation on the stand of the reason for the shooting was that he didn’t know what he was doing.
Order affirmed.
Haynes v. Washington, 373 U.S. 503, 83 S. Ct. 1336 (1963) ; Gallegos v. Colorado, 370 U.S. 49, 82 S. Ct. 1209 (1962).
Compare Gallegos v. Colorado, supra note 1; Haley v. Ohio, 332 U.S. 596, 68 S. Ct. 302 (1948).
Compare Commonwealth ex rel. Kerekes v. Maroney, 423 Pa. 337, 341 n.2, 223 A. 2d 699, 701 n.2 (1966).
Interestingly, in the confession he made to police which was admitted into evidence, Price stated that he shot his wife because provoked by remarks she made to him just prior to the shooting.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.