Commonwealth v. Simon

Order

Per Curiam,

The Court being evenly divided, the judgment is affirmed.

Mr. Justice Musmanno did not participate in the decision of this case.

Opinion by

Mr. Justice Roberts,

In Support of the Order:

This is an appeal from a 1962 conviction of first degree murder in which the jury fixed the penalty at life imprisonment. The appellant assigns several reasons why this Court should reverse the jury’s determination and grant her a new trial.

The first two involve claimed errors in the court’s charge to the jury. Initially appellant contends that the court incorrectly instructed the jury that a…