Bruce v. Commonwealth

Opinion

BENTON, J.

Thomas Edward Bruce was convicted by a jury of second degree murder and use of a sawed-off shotgun in the commission of murder. He contends that the trial judge erred: (1) in instructing the jury that, as a matter of law, the weapon used was a sawed-off shotgun; and (2) in refusing to consider a reduction in the jury’s recommended sentence. For the reasons that follow, we reverse the convictions and remand for a new trial.

Fred Scott and Bruce consumed a quantity of alcoholic beverages at Bruce’s home and became engaged in an argument. Bruce picked up a handgun and shot into…