Montgomery v. Commonwealth

David Fleming Montgomery, defendant, was found guilty of first degree murder and was sentenced to life imprisonment in accord with a jury verdict. We granted him a writ of error.

Defendant’s main contentions are that the trial court erred in refusing to grant his motions for mistrial based upon the admission of certain prejudicial testimony and the making of a prejudicial statement by the Commonwealth’s Attorney in his summation to the jury.

The sufficiency of the evidence to prove first degree murder is not in issue. The evidence shows that on July 20, 1972, at about 2:30 a.m. defendant,…