COMMONWEALTH v. BODEN


399 Pa. 298 (1960)

Commonwealth v. Boden, Appellant.

Supreme Court of Pennsylvania.

April 18, 1960.


Attorney(s) appearing for the Case

Robert M. Keim, with him Frederick F. Coffroth, for appellant.

Frank A. Orban, Jr., District Attorney, for Commonwealth, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK, and McBRIDE, JJ.


OPINION BY MR. JUSTICE BELL, April 18, 1960:

A jury returned a verdict of murder in the first degree with penalty of life imprisonment. Defendant appealed from a judgment and sentence thereon, alleging (a) the usual reasons for a new trial, (b) trial errors, and (c) the Court's refusal of the defendant's point for binding instructions.

Defendant was indicted for arson and for murder. The trial Judge withdrew from the jury the indictment for arson, which requires...

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