Commonwealth v. Fountain

OPINION OF THE COURT

O’BRIEN, Justice.

Appellant, Charles Vincent Fountain, was tried by a judge sitting with a jury for the homicide of Joseph Geller. The homicide occurred in Harrisburg on April 21, 1976, during the robbery of Geller’s business establishment. The jury returned verdicts of guilty of murder of the first degree and two counts of robbery. After the sentencing hearing the jury determined there were present one of the aggravating circumstances but none of mitigating circumstances provided in the then applicable “Sentencing Code”, Act of Decern ber 6, 1972, P.L. 1482, No. 334, §…