Commonwealth v. Schwartz

Opinion by

Mr. Justice Pomeroy,

Appellant was convicted by a jnry of murder in the first degree and sentenced to life imprisonment. Motions for a new trial and in arrest of judgment were dismissed by the court en banc, and this appeal followed.

The charge against appellant grew out of an attempted burglary and robbery at the home of a physician which resulted in the gunfire death of a Philadelphia police officer and of one Seeley, a co-felon with appellant. Although appellant was armed when he was captured at the scene of the crime, there is no claim that he was the actual killer of the police…