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COMMONWEALTH v. MELTON

402 Pa. 628 (1961)

Commonwealth, Appellant, v. Melton.

Supreme Court of Pennsylvania.

March 13, 1961.

Attorney(s) appearing for the Case

Arlen Specter, Assistant District Attorney, with him William H. Wolf, Jr. and Robert W. Williams, Jr., Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellant.

James Francis McCort, with him Thomas Francis Burns, for appellee.

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

OPINION BY MR. CHIEF JUSTICE JONES, March 13, 1961:

The defendant was found guilty of murder in the first degree by a jury's verdict which fixed the penalty at death. The court en banc granted the defendant's motion for a new trial on the ground that the aggregate of untoward events happening at trial, including emotional outbursts by the bereaved husband of the homicide victim, the introduction in evidence of bloody color...

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