Commonwealth v. Carey

Opinion by

Mr. Justice Allen M. Stearne,

Ollie Carey was convicted by a jury of murder in the first degree with the penalty fixed at death. Defendant was indicted for the niurdér of Thomas J. Matthews, a police officer, who was killed by gun shot wounds while in pursuit of defendant, whom the officer sought to place under arrest. His motion for a new trial haying been overruled, defendant appeals from the judgment and sentence.

The reasons assigned by defendant are (1) The evidence does not establish that the killing was committed in the perpetration or attempt to perpetrate burglary or in an…