COMMONWEALTH v. PERRY


364 Pa. 537 (1950)

Commonwealth v. Perry, Appellant.

Supreme Court of Pennsylvania.

May 22, 1950.


Attorney(s) appearing for the Case

J. Roy Lilley, with him William A. O'Connor, Wm. P. Wilson and Lilley & Wilson, for appellant.

C. Wayne Smyth, District Attorney, with him M.L. Epstein and W.G. Schrier, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.


OPINION BY MR. JUSTICE HORACE STERN, May 22, 1950:

Paul Francis Perry shot and killed his wife, and, being found guilty by a jury of first degree murder with the death penalty, now appeals on the sole ground that a certain statement included in the victim's dying declarations should not have been admitted in evidence.

Defendant and his wife had had marital differences. On the day of the homicide he had been drinking at a club; his wife was there also but with...

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