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Commonwealth v. Pestinikas

Superior Court of Pennsylvania

617 A.2d 1339 (1992)

Relevant factsFree

The Pestinikases (defendants) orally agreed to provide Kly with food, shelter, care, and prescribed medicine, but instead placed him in an uninsulated, bathroom-less porch, never filled his prescription, and withdrew over $30,000 from his bank account after adding their names to it; Kly died roughly two years later of starvation and dehydration, and the Pestinikases were convicted of third-degree murder based on their omission of contractually assumed care.

IssueFree

Whether a failure to perform a duty imposed by a private contract may be the basis for a criminal charge.

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