Commonwealth v. McGill

OPINION

NIX, Chief Justice.

On July 28, 1992, following a trial by jury, Appellant, Bernard McGill, was found guilty of murder of the first degree, 1 aggravated assault, 2 recklessly endangering another person, 3 and possession of an instrument of crime. 4 A penalty phase hearing was held the following day, during which Appellant jumped out of a courtroom window and fell two stories, seriously injuring himself. The Honorable Eugene H. Clarke, Jr., declared a mistrial due to the fact that this event occurred in full view of the jury.

On January 23, 1993, a new jury was empaneled, and a penalty…