Commonwealth v. Schmidt

Opinion by

Mr. Chiee Justice Bell,

On December 6, 1963, a jury found Ross Omer Schmidt guilty of murder in the second degree. Defendant’s post-trial motions were dismissed and he was sentenced to imprisonment for not less than eight nor more than sixteen years. An appeal was filed with this Court, but it was withdrawn by defendant after a Certificate of Discontinuance was filed by defendant on October 15, 1964. On July 31,1968, this Court allowed defendant to appeal nunc pro tune. On this appeal, he raises several important questions which will be discussed after a brief summary of the facts.

The…