Commonwealth v. Thomas

OPINION OF THE COURT

PAPADAKOS, Justice.

We are presently required to review the conviction of Brian Thomas (Appellant) of murder of the first degree and the sentence of death pursuant to 42 Pa.C.S. § 9711(h)(1). 1 Appellant was arrested and charged with criminal homicide, burglary, involuntary deviate sexual intercourse and rape, arising out of the death of Linda Johnson whose naked, battered corpse was found dangling over the edge of her bed on August 9, 1985, at her apartment in the City of Philadelphia.

Appellant was tried in the Court of Common Pleas of Philadelphia County, before a jury…