Commonwealth v. Earnest

Opinion by

Mr. Justice Maxey,

On December 5, 1940, a jury adjudged William J. Earnest, aged 35 years, guilty of murder in the first degree and fixed the penalty at death. Sentence was imposed on April 17, 1941, and this appeal followed. The victim named in the indictment was Mrs. Ethel Atkins, aged 34 years, whose nude, bloody and brutally battered body was found on the stairway of an unoccupied home in Montgomery County on the afternoon of September 24, 1940.

The appellant was a chef in Philadelphia. His usual hours of work were from 8 p. m. to 8 a. m. On September 23, 1940, he had a “night…