Commonwealth v. Redline

Opinion by

Mr. Chief Justice Jones,

The defendant was convicted of murder in the first degree with penalty fixed a.t life imprisonment for the death of his co-felon from a gunshot wound inflicted by a police officer endeavoring to apprehend the two culprits who were attempting to flee the scene of their armed robbery. From the judgment of sentence entered on .the jury’s..verdict, the.defendant has appealed *489contending that he cannot, under any rational legal theory, be charged with murder for his accomplice’s death since the killing was done by an officer of the law engaged in the performance of…