Commonwealth v. McCutchen
Commonwealth v. McCutchen
Opinion of the Court
On May 5, 1976, Freddy McCutchen was convicted
Evidence adduced at trial established that on June 7,1971, at approximately 9:05 P.M., the defendant, known as “Shank,” wearing a yellow jacket with a round, blue emblem, was seen walking with the six-year-old victim and calming him after the child’s involvement in a scuffle with another child. They walked in the general direction of the crime scene. Later, the fifteen-year-old defendant, no longer wearing the yellow jacket, was seen entering a taproom where he washed his hands. At approximately 10:30 P.M. that evening, the battered body of the victim was found in a dark, abandoned area behind a vacant factory within blocks of where he was seen with the defendant. Slacks around his ankles, undershorts pulled up around his waist, the boy was pronounced dead at the scene. His shirt, stained with feces and semen, was on the ground four feet away. Near the boy’s shirt was a large black, “bush type,” comb with
The medical examiner testified to the various severe injuries to the head, producing at least three comminuted fractures of the skull, opined to have been inflicted by blows of a heavy rounded object. Also recounted was the tearing of the marginal area of the anus in four discrete areas, as a-result of the anal sodomy, and the outcome of laboratory examination of material from the anal area which established the presence of semen.
The verbal testimony of the medical examiner was supplemented by the use of two slides projected onto a viewing screen in the darkened courtroom.
The Superior Court panel determined that the images depicted were gruesome and inflammatory and that the verbal testimony of the medical examiner was “more than adequate to show the savagery and brutality of the assault” which “strongly supported an inference of a specific intent to kill.” Commonwealth v. McCutchen, 274 Pa.Superior Ct. 96, 100, 417 A.2d 1270, 1273 (1979). We disagree. After viewing and considering the slides, we conclude that the value of this evidence in establishing both sodomy, as a motive for the killing, and the brutality of the beating, thus allowing an inference of an intent to kill in support of the verdict sought by the Commonwealth of murder of the first degree, fully compensates for any likelihood that such clinical evidence may inflame the passions of the jury.
In Commonwealth v. Petrakovich, 459 Pa. 511, 521, 329 A.2d 844, 849 (1974) (citations omitted) we said:
*602 We have consistently held that the question of admissibility of photographs of a corpse in homicide cases is a matter within the discretion of the trial judge, and only an abuse of that discretion will constitute reversible error .... When the trial judge is confronted with gruesome or potentially inflammatory photographs, the test for determining their admissibility which he must apply is “whether or not the photographs are of such essential evidentiary value that their need clearly outweighs the likelihood of inflaming the minds and passions of the jurors.”
A criminal homicide trial is, by its very nature, unpleasant, and the photographic images of the injuries inflicted are merely consonant with the brutality of the subject of inquiry. To permit the disturbing nature of the images of the victim to rule the question of admissibility would result in exclusion of all photographs of the homicide victim, and would defeat one of the essential functions of a criminal trial, inquiry into the intent of the actor. There is no need to so overextend an attempt to sanitize the evidence of the condition of the body as to deprive the Commonwealth of opportunities of proof in support of the onerous burden of proof beyond a reasonable doubt.
While these slides are indeed unpleasant, they were offered in support of proof of the element of murder of the first degree of intent to kill, the general propriety of which is well established. See, e.g., Commonwealth v. Edwards, 493 Pa. 281, 426 A.2d 550 (1981); Commonwealth v. Wade, 480 Pa. 160, 389 A.2d 560 (1978); Commonwealth v. Smith, 477 Pa. 505, 384 A.2d 1202 (1978); Commonwealth v. Robinson, 433 Pa. 88, 249 A.2d 536 (1969). In assessing the intent of the actor in a case of criminal homicide, be it to inflict serious bodily injury or to kill,'the fact finder who deals in such an intangible inquiry must be aided to every extent possible. In this light, then, the use of the image of the victim which depicted a large gaping deep gash on the top of the head, rendered with such force as to splay the skin of the
The essential nature of the evidence is further established by the absence of any evidence of intent aside from the condition of the body. This type of evidence is conveyable to the jury only to a limited degree by verbal testimony of a technical nature by the medical examiner. The availability of alternate evidence, thus, does not obviate the admissibility of photographs, and, here, the absence of alternative evidence a fortiori commends the court’s admission of the slides. Accordingly, the trial judge’s admission of the slides was clearly proper due to the essential evidentiary value of the images as balanced against the limited degree of likelihood of inflaming the jury.
Vacated and remanded to Superior Court for consideration of other issues raised in the prior appeal.
. A previous conviction of this crime was reversed by this Court due to the admission at trial of statements made by defendant without benefit of presence and counsel of an interested adult. Commonwealth v. McCutchen, 463 Pa. 90, 343 A.2d 669 (1975) cert. denied, 424 U.S. 934, 96 S.Ct. 1147, 47 L.Ed.2d 341 (1976).
. Commonwealth v. McCutchen, 274 Pa.Superior Ct. 96, 417 A.2d 1270 (1979).
. The slide depicting the head injuries was projected for twenty-two seconds, that of the anal area for fourteen seconds.
. Prior to the projection of the slides, the jury was cautioned by the court as follows:
These photographs or these slides are being shown to you as part of the evidence in this case. You are not to assume from any facts or come to any conclusions from the viewing of these slides except to draw a picture of the evidence as it’s being presented to you and as you will later give such weight to it in your deliberations. The slides may be a little unpleasant. However, the purpose is to examine the accuracy and the testimony as it has been given to you and will be given to you from the commonwealth’s witness.
You will view the slides in the light of the testimony for the purpose of determining the extent of the injuries as described to you. You are not to become emotional about the slides. You are not to discuss this matter among yourselves until the conclusion of the case and you have been charged with the responsibility of determining the issues that this Court will charge you to determine. The fact that this manner of presentation has a certain aura of drama about it is a matter that you are to disregard. You are to disregard any inflammatory influence that they may have upon you or that you may see or may feel that may otherwise come from these pictures or slides because these slides are being presented solely for the purpose of helping to convey the information that they contain and also add possibly to the accuracy to the circumstances and the details that are depicted.
*601 Usually photographs, slides, pictures, are greater accuracy than words, and for that reason, they are presented to you, but I caution you that you should clear your minds of any emotional feelings that may arise from seeing any unpleasant scenes because your mission, of course, is to decide the facts and the issues in this case dispassionately and without any feeling of emotion. Now, these same instructions would apply to any photographs that may at any time, during the course of the trial, be shown to you ....
Concurring Opinion
concurring.
I join the majority opinion. Additionally, as I stated in my dissenting opinion in Commonwealth v. Rogers, 485 Pa. 132, 136, 401 A.2d 329, 331 (1979), “an emotional response to
Dissenting Opinion
dissenting.
I would affirm the Superior Court’s Order granting appellant a new trial on the basis of that court’s comprehensive discussion concerning the two color slides which were shown to the jury. Commonwealth v. McCutchen, 274 Pa.Superior Ct. 96, 417 A.2d 1270 (1979). I am compelled, however, to respond to one portion of the majority’s analysis.
The majority states:
“To permit the disturbing nature of the images of the victim to rule the question of admissibility would result in exclusion of all photographs of the homicide victim, and would defeat one of the essential functions of a criminal trial, inquiry into the intent of the actor. There is no need to so overextend an attempt to sanitize the evidence of the condition of the body as to deprive the Commonwealth of opportunities of proof in support of the overous burden of proof beyond a reasonable doubt.”
(At 549). It has long been settled in this Commonwealth that the specific intent to kill may be inferred from the use of a deadly weapon on a vital part of the victim’s body. Commonwealth v. Tempest, 496 Pa. 436, 437 A.2d 952 (1981); Commonwealth v. Heller, 369 Pa. 457, 87 A.2d 287 (1952); Commonwealth v. Greene, 227 Pa. 86, 75 A. 1024 (1910). In the instant case, the testimony of the medical examiner that the victim was repeatedly beaten on the head with a blunt instrument was sufficient to establish the requisite specific intent to kill for a conviction of murder of the first degree.
I dissent.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellant, v. Freddy McCUTCHEN
- Cited By
- 81 cases
- Status
- Published