Commonwealth v. Kelly

Opinion by

Mr. Justice Maxey,

Defendant, William Kelly, appeals from the judgment of guilty and sentence of death imposed upon him by the Court of Oyer and Terminer of Philadelphia County, after his conviction of murder of the first degree with capital punishment, upon an indictment charging him with the murder of Police Officer Henry Berry.

This is the second time this case has been before us. In the opinion filed in disposing of the former appeal, 333 Pa. 280, 4 A. 2d 805, the facts are detailed and need not again be reviewed. That appeal was successful because of the errors of the trial judge…