Miller v. Commonwealth

Benton, X,

dissenting.

In its case-in-chief, the Commonwealth was permitted to prove, over objection, that several months before James Matthew Miller shot *309Dean Scott Phillips, Miller was present in a classroom with Michael Waters and Matthew Scott Benson. Benson testified that the following occurred:

A We had a free day and we were just sitting around, talking. Us three guys were in a group, just talking, and we just brought it up. I believe I said something to the effect of how easy it might be to, you know, kill somebody and get away with it because we always talked about kind of weird stuff.…