COMMONWEALTH v. STEWART


456 Pa. 447 (1974)

Commonwealth v. Stewart, Appellant.

Supreme Court of Pennsylvania.

March 25, 1974.


Attorney(s) appearing for the Case

Norman M. Yoffee, for appellant.

Richard A. Lewis, Deputy District Attorney, with him Marion E. MacIntyre, Deputy District Attorney, and Leroy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. CHIEF JUSTICE JONES, March 25, 1974:

On March 18, 1961, appellant, Frederick Charles Stewart, was found guilty by a jury of murder in the first degree. No post-trial motions were made and appellant was sentenced to life imprisonment after the jury had become deadlocked on the question of imposition of penalty under the Split Verdict Act. Following two appeals to this Court concerning appellant's constitutional right of appeal, see Commonwealth v...

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