Commonwealth v. pestinikas

Case Brief: Commonwealth v. Pestinikas

1. Harold Sowards
CJ 322, Tu/Th 9:30
9/13/15
Commonwealth v. Pestinikas
617 A. 2d 1339 (Pa. Sup. 1992)
1. Facts
 Defendants: Walter and Helen Pestinikas
 Meet Joseph Kly at a hospital and he is placed into their care and they knew the medical
conditions that went with it and fulfill a contract
 They fail to meet these medical conditions and withdraw $300 a month from his savings
account
 By the time that Kly died, they had withdrew $30,000 +
 An autopsy showed that he died from starvation and dehydration
 Pestinikas were convicted of 3
rd
degree murder at the Court of Common Pleas, Criminal
Division, Lackawanna County
 They were sentenced for no less than 5 yrs and no more than 10 yrs in prison
 Defendants appealed stating that the jury instructions were an error
 Superior Court, Nos. 375 and 395 Philadelphia 1989 affirmed the decision

2. Issue
Is law 18 Pa. C. S. Statute 301 sufficient in explaining that an omission to do an act can be the
basis for criminal liability?

3. Holdings
Yes, affirmed

4. Reasoning
A duty to act was imposed by the contract, which is legally enforced, therefore creating a legal
duty. So the failure to do a duty imposed by the contract can be a basis for a charge of criminal
homicide.