COMMONWEALTH v. BALDASSARRE


399 Pa. 411 (1960)

Commonwealth v. Baldassarre, Appellant.

Supreme Court of Pennsylvania.

May 4, 1960.


Attorney(s) appearing for the Case

Reuben E. Cohen, with him Nathan B. Feinstein, Alvin S. Ackerman, and Cohen, Shapiro and Cohen, for appellant.

Clement J. McGovern, Assistant District Attorney, with him Jacques H. Fox, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE BOK, May 4, 1960:

On October 3, 1959, appellant, aged 67, surrendered to the Delaware County police, saying that he had just killed his wife.

A week later he filed a petition for a Sanity Commission and one was appointed by the court below: it found appellant mentally ill but not of criminal tendency. In a supplementary report it found him unable to comprehend his position, unable to confer with...

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