Commonwealth v. Smith

Opinion by

Mr. Chibe Justice Maxey,

This is an appeal based upon alleged abuse of discretion by the court below in imposing the death penalty after appellant’s plea of guilty of murder. James Smith pleaded guilty to an indictment charging him with the murder of John J. Haines on September 21, 1948, in Philadelphia. On the same day he was adjudged guilty of murder in the first degree by the court en banc, composed of Judges Charles L. Guerin, Joseph Sloane and Vincent A. Carroll.

The victim, John J. Haines, was a taxicab driver. He was found shot through the back of his head, slumped on the front…