Commonwealth v. Carbonetto, 314 A.2d 304 (Pa. 1974). · Go Syfert
Commonwealth v. Carbonetto, 314 A.2d 304 (Pa. 1974). Cases Citing This Book View Copy Cite
148 citation events across 4 distinct courts.
Strongest positive: Commonwealth v. King (pasuperct, 1982-04-30)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
cited Cited as authority (rule) Commonwealth v. King
Pa. Super. Ct. · 1982 · confidence medium
Commonwealth v. Ilgenfritz, 466 Pa. 345, 348 , 353 A.2d 387, 389 (1976); Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Jones (2×)
Pa. Super. Ct. · 1981 · confidence medium
The test for determining the sufficiency of the evidence to support a conviction is “whether accepting as true all the evidence, together with all reasonable inferences therefrom upon which the [factfinder] could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.” Commonwealth v. Ilgenfritz, 466 Pa. 345, 348 , 353 A.2d 387, 389 (1976), quoting from Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974); Commonwealth v. Green, 464 Pa. 557, 565 , 347 A.2d 682, 686 (1975).
discussed Cited as authority (rule) Commonwealth v. Mastrangelo (2×)
Pa. · 1980 · confidence medium
As we have oft stated: "Our test for passing on the sufficiency of the evidence is well-known: `"[T]he test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt."' Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Alston
Pa. Super. Ct. · 1979 · confidence medium
It is axiomatic that the test for sufficiency of the evidence is “whether, accepting as true all the evidence, together with all reasonable inferences therefrom upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilty beyond a reasonable doubt.” Commonwealth v. Carbonetta, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. James (2×)
Pa. Super. Ct. · 1978 · confidence medium
In Commonwealth v. Holquin, 254 Pa.Super. 295 , 385 A.2d 1346, 1350 (1978), our Court recently reiterated the accepted standards for assessing a contention of insufficient evidence. “ ‘[T]he test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.’ Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Holguin
Pa. Super. Ct. · 1978 · confidence medium
In Commonwealth v. Waters, 463 Pa. 465, 468 , 345 A.2d 613, 614 (1975), our Supreme Court stated the applicable test: “ ‘ “[T]he test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.” ’ Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Carter
Pa. Super. Ct. · 1977 · confidence medium
As the court said in Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974): “[T]he test of sufficiency of the evidence is whether, accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the [factfinder] could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.” [Citation omitted.] The Commonwealth presented testimony to show the following: A Philadelphia taproom known as Herb’s Bar was robbed on July 14, 1975.
discussed Cited as authority (rule) Commonwealth v. Whitfield
Pa. · 1977 · confidence medium
Appellant first attacks the sufficiency of the evidence to support his conviction for robbery and murder of the second degree. 13 The test for sufficiency of the evidence is: “. . . whether, viewing all of the evidence admitted at trial in the light most favorable to the Commonwealth and drawing all reasonable inferences favorable to the Commonwealth, there is sufficient evidence to enable the trier of fact to find every element of the crime beyond a reasonable doubt.” Commonwealth v. Bastone, 466 Pa. 548, 552 , 353 A.2d 827, 829 (1976); see Commonwealth v. Kichline, 468 Pa. 265, 271-273 ,…
discussed Cited as authority (rule) Commonwealth v. Wiggins
Pa. · 1977 · confidence medium
It is well settled that “the test of sufficiency of evidence is whether, accepting as true all the evidence, together with all reasonable inferences therefrom upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.” Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974); Commonwealth v. Green, 464 Pa. 557, 565 , 347 A.2d 682, 686 (1975) ; Commonwealth v. Long, 460 Pa. 461, 463 , 333 A.2d 865, 866 (1975).
discussed Cited as authority (rule) Commonwealth v. Mobley
Pa. · 1976 · confidence medium
However, the Commonwealth did not discredit the other portions of Johnson’s testimony which indicated that the appellant had participated in the homicide. 4 Our scope of review in considering claims regarding the sufficiency of the evidence is well-known: “ ‘the test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.’ ” Commonwealth v. Green, 464 Pa. 557, 565 , 3…
discussed Cited as authority (rule) Commonwealth v. Ilgenfritz
Pa. · 1976 · confidence medium
Sufficiency of evidence The first question presented is whether the evidence is sufficient to sustain the verdict of voluntary manslaughter. * *348 Our test for passing on the sufficiency of the evidence is well-known: “ ‘[T]he test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.’ ” Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
cited Cited as authority (rule) Commonwealth v. Scoggins
Pa. · 1976 · confidence medium
See also Commonwealth v. Green, 464 Pa. 557, 565 , 347 A.2d 682, 686 (1975); Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
examined Cited as authority (rule) Commonwealth v. Walley (3×) also: Cited "see"
Pa. · 1976 · confidence medium
When the sufficiency of the evidence to sustain a criminal conviction is called into question, the test is “whether, accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the [trier of fact] could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.” Commonwealth v. Scoggins, 466 Pa. 355 , 353 A.2d 392 (1976); Commonwealth v. Green, 464 Pa. 557, 565 , 347 A.2d 682, 686 (1975); Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1975); Commonwealth v. Clark, 454 P…
discussed Cited as authority (rule) Commonwealth v. Green (2×)
Pa. · 1975 · confidence medium
Our scope of review in considering claims regarding the sufficiency of the evidence is well known: "`the test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.'" Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Waters
Pa. · 1975 · confidence medium
In passing on this question we are, of course, mindful that “ ‘the test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.’ ” Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Hampton
Pa. · 1975 · confidence medium
Our scope of review in passing on such claims is well-settled: “ ‘the test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.’ ” Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Lee
Pa. · 1975 · confidence medium
This Court has often repeated the proper test for reviewing claims of insufficiency of the evidence to support a guilty verdict: “ ‘The test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.’ ” Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974), quoting from Commonwealth v. Clark, 454 Pa. 329, 331 , 311 A.2d 910, 911 (1973). 1 The Commonwealth,…
discussed Cited as authority (rule) Commonwealth v. Long
Pa. · 1975 · confidence medium
We have reiterated many times our scope of review in passing on claims attacking the sufficiency of the evidence in homicide cases: “ ‘the test of sufficiency of evidence is whether accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.’ ” Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974).
discussed Cited as authority (rule) Commonwealth v. Petrakovich (2×)
Pa. · 1974 · confidence medium
As we have said many times, our scope of review as an appellate court is limited to determining "whether, accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt." Commonwealth v. Carbonetto, 455 Pa. 93, 95 , 314 A.2d 304, 305 (1974) citing Commonwealth v. Clark, 454 Pa. 329 , 311 A.2d 910 (1973); Commonwealth v. Bayard, 453 Pa. 506 , 309 A.2d 579 (1973).
discussed Cited "see" Commonwealth v. Riddick (2×)
Pa. Super. Ct. · 1975 · signal: see · confidence high
See Pennsylvania Rule of Criminal Procedure 1119(b), Commonwealth v. Carbonetto, 455 Pa. 93 , 314 A. 2d 304 (1974) ; Commonwealth v. Watlington, 452 Pa. 524 , 306 A. 2d 892 (1973).
examined Cited "see" Commonwealth v. Light (4×)
Pa. · 1974 · signal: accord · confidence high
It has long been the law in Pennsylvania that in order to establish the defense of self-defense, three essential elements must be proved by the defendant by a preponderance of the evidence: “(1) The slayer must have been free from fault in provoking or continuing the difficulty which resulted in the killing .... (2) The slayer must have reasonably believed that he was in imminent danger of death, great bodily harm, or some felony, and that there was a necessity to kill in order to save himself therefrom .... (3) The slayer must not have violated any duty to retreat or avoid the danger . . . …
discussed Cited "see" Commonwealth v. Staples (2×)
Pa. · 1974 · signal: see · confidence high
See Commonwealth v. Carbonetto, 455 Pa. 93 , 314 A.2d 304 (1974); Commonwealth v. Lynch, 455 Pa. 213 , 314 A.2d 274 (1974); Commonwealth v. Goodman, 454 Pa. 358 , 311 A.2d 652 (1973); Commonwealth v. Pierce, 453 Pa. 319 , 309 A.2d 371 (1973).
discussed Cited "see, e.g." Commonwealth v. Brown (2×)
Pa. · 1984 · signal: see also · confidence low
See also, Commonwealth v. Mastrangelo, 489 Pa. 254 , 414 A.2d 54 (1980), Commonwealth v. Green, 464 Pa. 557 , 347 A.2d 682 (1975), and *178 Commonwealth v. Carbonetto, 455 Pa. 93 , 314 A.2d 304 (1974).
examined Cited "see, e.g." Commonwealth v. Hilbert (4×)
Pa. · 1978 · signal: see also · confidence low
See also Commonwealth v. Carbonetto, 455 Pa. 93 , 314 A.2d 304 (1974); Commonwealth v. Tiernan, 455 Pa. 88 , 314 A.2d 310 (1974).” We are of the opinion that “self-defense” negates two elements of the common-law definition of murder: unlawfulness and malice.
examined Cited "see, e.g." Commonwealth v. Mahoney (4×)
Pa. · 1975 · signal: see also · confidence low
See also Commonwealth v. Carbonetto, 455 Pa. 93 , 314 A.2d 304 (1974); Commonwealth v. Tiernan, 455 Pa. 88 , 314 A.2d 310 (1974).
Retrieving the full opinion text from the archive…
Commonwealth
v.
Carbonetto, Appellant
Appeal, 105.
Supreme Court of Pennsylvania.
Jan 24, 1974.
314 A.2d 304
1974 Pa. LEXIS 603
Justin D. Ji/rolcmio, for appellant., Charles H. Spaziani, District Attorney, for Commonwealth, appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Jones.
Cited by 72 opinions  |  Published

Opinion by

Mr. Justice Pomeroy,

A Northampton County jury found Rosalia Carbonetto guilty of murder in the second degree. Motions in arrest of judgment and for a new trial were denied, and a sentence of imprisonment at the State Corree[*95] tioual Institution at Muncy for not more than ten years was imposed. [1] This appeal followed. We affirm.

Appellant challenges the sufficiency of the evidence to sustain her conviction. We have remarked many times that “the test of sufficiency of evidence is whether, accepting as true all the evidence, together with all reasonable inferences therefrom, upon which the jury could properly have based its verdict, such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt.” Commonwealth v. Clark, 454 Pa. 329, 331, 311 A. 2d 910 (1973).

In the case at bar the evidence discloses that Rosalia Carbonetto, the appellant, and Jack Lidestri, the deceased, had been friends for several years. The Lidestri and Carbonetto families were frequent visitors at each other’s houses. Mr. Lidestri sometimes dropped by the Carbonetto home during the evening to work around the house, both when Mr. Carbonetto was home and when he was at work. On June 9, 1970, the Carbonettos agreed to look after the Lidestri children for a few hours. Mr. Lidestri came to the Carbonetto house to pick up his children at about 6:30 that evening. As they were leaving, Jack Lidestri’s ten-year old son, Ralph, heard Mrs. Carbonetto say to his father “to come back, or ‘I’ll see you later’, or something like that”. [2]

[*96] Lidestri returned to the Carbonetto house later that evening. Mr. Carbonetto was working a night shift, and Mrs. Carbonetto was alone in the house with her two children. What then occurred is supplied by her oral statement made to Anthony Vannicola, a Pennsylvania State Police investigator who interviewed Mrs. Carbonetto just after the events in question had transpired. As testified to by the officer as a Commonwealth witness at trial: “She stated at approximately 9:45 Jack Lidestri—correct name Giacinto Lidestri— came and knocked at the front door and she left (sic) him in, and he went to the chair in the living room and he sat down, and he told her that he didn’t love his wife, that he loved her, and she responded that he can’t be in love with her because she was a married woman and that she didn’t want to go with him. As she was standing in the center of the living room he got up from the chair and put his two arms around her and tried to kiss her. She pushed him away. He came back and went down to her private parts and tried to take off her pants. She told him to stop, that she had to go into the bedroom to get something to fix herself so she wouldn’t have any children. She then went into the bedroom and she got the pistol, and she said Mr. Lidestri followed her into the bedroom and she began firing, and she said one of the bullets hit him and he staggered like a drunk from the bedroom, down the hallway, and into the living room, where he fell, and was lying on the floor near the entrance to the living room.”

Mrs. Carbonetto also told Trooper Vannicola, as he testified, that Lidestri had made similar sexual advances some weeks earlier. She admitted purchasing the gun three days before the fatal shooting. When her husband noticed her buying the gun, she had explained that she wanted it for protection when she was alone at night. She did not mention to him her earlier difficulty with Lidestri.

[*97] The Commonwealth also introduced an oral statement made by Mrs. Carbonetto to Assistant District Attorney John Gallagher on the night of the shooting. The defendant had been admitted to Easton Hospital, where she was briefly interviewed by Mr. Gallagher. He asked her whether she shot Mr. Lidestri because she was afraid of him, or because she was mad at him, to which she replied, “I shot him because I was mad at him.”

Appellant has at no time denied that she shot and killed Lidestri; indeed, she herself called the police after the occurrence. Her position at trial was that the shooting was excusable as an act of self-defense. Self-defense is an affirmative defense, which the defendant must prove by a fair preponderance of the evidence. Commonwealth v. Winebrenner, 439 Pa. 73, 265 A. 2d 108 (1970). Three conditions must be satisfied in order to invoke the defense successfully: (1) the slayer must have been free from fault in provoking or continuing the difficulty which resulted in the killing; (2) he must have reasonably believed that he was in imminent danger of death, great bodily harm, or some felony, and that there was a necessity to kill in order to save himself therefrom; and (3) he must not have violated any duty to retreat or avoid the danger. Commonwealth v. Johnston, 438 Pa. 485, 263 A. 2d 376 (1970). Whether the defendant has carried his burden of proving self-defense is a question for the finder of fact. Commonwealth v. Edwards, 448 Pa. 79, 292 A. 2d 361 (1972); Commonwealth v. Commander, 436 Pa. 532, 260 A. 2d 773 (1970).

Mrs. Carbonetto testified at trial that, after the scene in the living room, described through Officer Vannicola, Lidestri pursued her into the bedroom, grabbed her by the neck, and threatened to kill her if she did not accede to his wishes. The jury was free to disbelieve this testimony, and our review of the record satisfies us[*98] that it had ample reason for doing so. Mrs. Carbonetto never mentioned Lidestri’s threats or his attempt to choke her in the bedroom in her statements to the police on the night of the homicide; the police found no signs of a struggle in the bedroom, nor did they observe any marks or bruises on Mrs. Carbonetto’s neck [3] Her statement to Assistant District Attorney Gallagher tended to undercut her testimony on the stand, as did the circumstances surrounding her purchase of the gun, and undisputed circumstantial evidence that one shot was fired in the living room.

Appellant now argues that, apart from her own testimony, the Commonwealth’s evidence establishes excusable homicide as a matter of law. We agree with the court below, however, that this argument is untenable. As the lower court noted in its thorough opinion: “Looking first to defendant’s oral statement to Trooper Vannicola, it reveals that defendant was able to stop Lidestri’s advances towards her without sustaining great bodily harm and without being subjected to threats of great bodily harm. Moreover, her statement admits that she was able to extricate herself from the immediate situation by telling Lidestri, ‘that she had to go into the bedroom to get something to fix herself so she wouldn’t have any children’. Under the version Rosalia Carbonetto recounted to Trooper Vannicola, she got the pistol and began firing at Lidestri who had followed after her. She gave no reason why she began firing at that moment.” Considering appellant’s statement against the background of her later statement to Mr. Gallagher and the other evidence introduced by[*99] the Commonwealth, the jury could and did find that Mrs. Carbonetto did not reasonably believe it was necessary to shoot Mr. Lidestri in order to protect herself from murder, great bodily harm, or some felony. The issue of self-defense was properly left to the finder of fact.

Commonwealth v. Edwards, 448 Pa. 79, 292 A. 2d 361 (1972), is similar to the instant case in several pertinent respects. Edwards was attacked in his own home by an intruder whom he killed with a pistol. Affirming his conviction, we said: “Despite appellant’s lack of culpability in provoking the fight and his right to defend himself without retreating once involved in it, the trial judge found that the third condition for self defense, i.e., that no reasonably safe means of defense other than killing his assailant existed, had not been met. He found that there was a reasonable opportunity during the pause in the fight to reveal the gun to the deceased and warn him away; hence the force employed by appellant could not be considered reasonable under the circumstances. Whether the burden of showing necessity to kill in order to avoid imminent danger of death to oneself has been met is strictly a question for the fact finder to decide. . . .” 448 Pa. at 85.

The facts in Edwards, like those in the instant case, stand in sharp contrast to the facts in Commonwealth v. Johnston, 438 Pa. 485, 263 A. 2d 376 (1970), where we held that self-defense was established by the Commonwealth’s evidence as a matter of law. There, the deceased continued to advance toward the defendant with knife drawn, despite a verbal warning and a warning shot fired at the victim’s feet. The pivotal issue in Johnston was the purely legal question whether the defendant had a duty to retreat from his business premises.

Appellant cites us to Commonwealth v. Jackson, 362 Pa. 469, 66 A. 2d 841 (1949), where the Common[*100] wealth’s case consisted solely of two statements given by the defendant to the police. The Court held that the statements, if believed, showed self-defense as a matter of law, and that if they were not believed, “there is nothing in the case but uncertain suspicion,” insufficient to sustain a verdict. 362 Pa. at 474. Unlike the situation in Jackson, the verdict here is sustainable even if Mrs. Carbonetto’s statement to the police is accepted on its face by the fact finder. Also unlike Jackson, this is not a case where, without appellant’s statements, the evidence was not sufficient to sustain the verdict. We have sketched above the extensive collateral evidence supporting the Commonwealth’s case.

Appellant also argues that the failure of the trial judge to charge that the jury had to determine the voluntariness of Mrs. Carbonetto’s statements necessitates a new trial. This omission was not objected to when the jury was charged, nor was the matter raised on post-trial motions before the court en banc. As we have said many times, an alleged error in jury instructions will not be considered for the first time on appeal. Commonwealth v. Dancer, 452 Pa. 221, 305 A. 2d 364 (1973); Commonwealth v. Agie, 449 Pa. 187, 296 A. 2d 741 (1972); Commonwealth v. Myers, 439 Pa. 381, 266 A. 2d 756 (1970).

Judgment of sentence affirmed.

Mr. Chief Justice Jones took no part in the consideration or decision of this case.
1

Sentence was imposed under tlie so-called “New Muncy Act”, Act of July 16, 1968, P. L. 349, No. 171, §1, 61 P.S. §566. Bail in the amount of $25,000 had been set before trial, and was continued after sentence pending appeal. See Rule 4004(b) of the Pennsylvania Rules of Criminal Procedure (the rule in effect at the time of the trial in this case has since been superseded by Rule 4010B(2), adopted July 23, 1973).

2

There was conflicting testimony as to who said what to whom on Mr. Lidestri’s departure from the Carbonetto residence. Of course, the jury was free to believe Ralph Lidestri, and disregard any testimony to the contrary.

3

Mrs. Carbonetto was wearing an open-necked blouse which exposed her throat to view. An examination at Easton Hospital on the night of the homicide showed no signs of an attempted choking, and revealed only a bruise and a scratch on Mrs. Carbonetto’s upper left thigh, and a small scratch on the little finger of her right hand. She had earlier explained to the police that she had cut her finger on the gun.