Commonwealth v. Moyer

Opinion by

Mk. Chief Justice Maxey,

Charles Frederick Moyer and William Paul Byron were jointly tried for the murder of Harvey Zerbe, which occurred during the perpetration of a robbery. The jury convicted them of murder in the first degree and imposed the death penalty. On the night of July 13, 1946, the defendants while in a taproom in Chester, Pa., “decided to go out and rob a filling station or some place.” Byron, armed with a .32 caliber Smith & Wesson revolver and Moyer, armed with a .32 caliber Boyal auto-, matie pistol, cruised along MacDade Blvd., Delaware County, in a car which they…