COMMONWEALTH v. MELTON


449 Pa. 223 (1972)

Commonwealth v. Melton, Appellant.

Supreme Court of Pennsylvania.

Argued May 2, 1972.

November 17, 1972.


Attorney(s) appearing for the Case

Louis M. Natali, Jr., with him Benjamin Lerner, Jack Himmelstein and Anthony G. Amsterdam, for appellant.

James D. Crawford, Deputy District Attorney, Mark Sandrow, Assistant District Attorney, with them Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE O'BRIEN, November 17, 1972:

Rose Schloss was murdered and her husband brutally beaten when their home and delicatessen store were robbed on December 13, 1958. Appellant was tried before a jury and found guilty of murder in the first degree on April 23, 1959, with a sentence of death. Appellant's motion for a new trial was granted by the lower court, and that order was affirmed by this court, which dismissed the Commonwealth's appeal. Commonwealth...

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