Commonwealth v. Dilsworth

Opinion by

Mr. Chief Justice Moschzisker,

Rogers Dilsworth was indicted for the murder of John T. Creevy, a policeman; the jury found defendant guilty of murder of the first degree and fixed the penalty at death; he has appealed from a sentence entered in accordance with that verdict.

At the trial, defendant admitted that he was present on the occasion of the homicide and had shot another man, who also was slain at that time, but denied he had killed Creevy.

When defendant closed, the Commonwealth, in rebuttal, called one Waters, a policeman or detective, who had guarded the prisoner in a…