Commonwealth v. Bighum

Opinion by

Mb. Justice Nix,

In February of 1970, a jury found appellant guilty of first degree murder and fixed the penalty at death. After appellant’s post-trial motions were denied, sentence was imposed and this direct appeal followed.

Appellant raises several objections. After careful consideration, we find them to be without merit and we now affirm, subject to the modification of the sentence which will be discussed infra.

The first assignment of error is the trial judge’s refusal of a motion for binding instructions premised upon a lack of jurisdiction. The evidence showed that the incident…