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COMMONWEALTH v. MELTON

406 Pa. 343 (1962)

Commonwealth v. Melton, Appellant.

Supreme Court of Pennsylvania.

March 13, 1962.

Attorney(s) appearing for the Case

James Francis McCort, for appellant.

William H. Wolf, Jr., Assistant District Attorney, with him Arlen Specter and Robert W. Williams, Jr., Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, March 13, 1962:

Defendant pleaded guilty and then changed his plea to "not guilty" to the murder of Rose Schloss. A jury found defendant guilty of murder in the first degree with the penalty fixed at death. The Court en banc granted defendant's motion for a new trial on the ground that an aggregate of prejudicial events, including an emotional outburst by Rose Schloss's bereaved husband, "created such an inflammatory atmosphere...

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