COM. ex rel. LAGANA v. BURKE


372 Pa. 298 (1953)

Commonwealth ex rel. Lagana, Appellant, v. Burke.

Supreme Court of Pennsylvania.

January 5, 1953.


Attorney(s) appearing for the Case

H.R. Back, with him H. Jerome Jaspan and Back & Levy, for appellant.

Samuel Dash, Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.

Before STERN C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE MUSMANNO, January 5, 1953:

When on May 9, 1940, John Lagana came to trial in Philadelphia County on an indictment for murder, he pleaded guilty and three judges then heard the evidence to determine the degree of guilt and fix the penalty.

The defendant took the stand and narrated the details of an emotionless and coolly calculated crime, brutal in its execution and fatal in its consequences....

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