COMMONWEALTH v. MARTIN


379 Pa. 587 (1954)

Commonwealth v. Martin, Appellant.

Supreme Court of Pennsylvania.

November 23, 1954.


Attorney(s) appearing for the Case

Benjamin H. Marks, with him Hiram M. Drake, for appellant.

John W. McWilliams, District Attorney, for appellee.

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


OPINION BY MR. JUSTICE JONES, November 23, 1954:

The defendant was indicted and tried for the felonious killing of his wife. The jury found him guilty of murder in the first degree and fixed the penalty at death. His motion for a new trial was denied. From the judgment of sentence imposed, he brings this appeal and assigns for error a number of matters, the principal ones being that the trial judge erred (1) in refusing to retire the jury for the purpose of taking...

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