COMMONWEALTH v. BUTLER


405 Pa. 36 (1961)

Commonwealth v. Butler, Appellant.

Supreme Court of Pennsylvania.

July 18, 1961.


Attorney(s) appearing for the Case

Marjorie Hanson Matson, with her H. David Rothman, for appellant.

Samuel Strauss, Assistant District Attorney, with him William Claney Smith, Assistant District Attorney, and Edward C. Boyle, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE EAGEN, July 18, 1961:

The defendant, John F. Butler, was indicted for murder. A jury trial under the "Split-Verdict Act" of December 1, 1959, P.L. 1621, § 1, 18 PS (supp.) § 4701, resulted in a verdict of guilty of murder in the first degree with the punishment fixed at death. A new trial was denied. From the judgment of conviction and sentence, this appeal is prosecuted.

The facts, as disclosed by the testimony, may be briefly...

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