COMMONWEALTH v. WILKES


414 Pa. 246 (1964)

Commonwealth v. Wilkes, Appellant.

Supreme Court of Pennsylvania.

April 21, 1964.


Attorney(s) appearing for the Case

Russell I. Jenkins, for appellant.

William J. Franks, Assistant District Attorney, and John R. Hoye, District Attorney, for appellee.

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


OPINION BY MR. JUSTICE EAGEN, April 21, 1964:

The appellant-defendant, John Wilkes, Sr., was convicted by a jury of murder in the second degree. Following the denial of a motion for a new trial and imposition of sentence, this appeal was filed.

The Commonwealth's proof established the following:

The defendant, a married man, lived apart from his wife, in Layton Hill, a rural community in Fayette County, Pennsylvania. A young daughter resided with him...

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