Commonwealth v. Meleskie

Opinion by

Mr. Chief Justice Moschzisker,

John Meleskie appeals from a sentence on conviction of first degree murder, contending that the trial judge committed material error in two respects: First, by instructing the jury there was no evidence of manslaughter *385in the case; and, second, in failing to charge properly on the weight, effect and consideration to be given dying declarations.

According to the testimony for the prosecution, the firing of two shots, shortly followed by a third, on the morning of Muy 15, 1922, attracted several witnesses to the house where defendant lived with Annie…