Commonwealth v. Smith

Opinion by

Mr. Chief Justice Bell,

Elmo Smith, age 39, was convicted by a jury of first degree murder. The jury after hearing in accordance with the Act of June 24, 1939, as amended by the Act of December 1, 1959, P.L. 1621, all the evidence pro and con to show what manner of man Smith was, in order to determine the penalty, fixed the penalty at death.

This was an atrocious, brutal, inhuman rape and murder of Maryann Mitchell, a 16 year old girl. There is no need to relate the sordid, gruesome details. Defendant was described by his psychiatrist as a sexual psychopath. Defendant. a few days…