COMMONWEALTH v. MILLER


452 Pa. 35 (1973)

Commonwealth, Appellant, v. Miller.

Supreme Court of Pennsylvania.

May 23, 1973.


Attorney(s) appearing for the Case

Robert L. Campbell, Assistant District Attorney, with him Carol Mary Los and J. Kent Culley, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellant.

No oral argument was made nor brief submitted for appellee.

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


OPINION BY MR. CHIEF JUSTICE JONES, May 23, 1973:

On September 8, 1970, appellee returned home from work in an intoxicated state. After arguing with his wife, the prosecutrix, he loaded his gun and threatened to take his own life. When prosecutrix went to the telephone to obtain help, appellee brandished his gun and assured prosecutrix that if she dialed the telephone, it would be her last telephone conversation. Appellee thereafter...

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