Commonwealth v. Stabinsky

Opinion by

Mr. Justice Linn,

In the perpetration of a burglary during the nigbt of November 12, 1932, appellant, Stabinsky and an accomplice, Tetrosky (appellant in No. 313, the nest case), brutally assaulted Mary Malinowski, inflicting injury resulting in death. Both were arrested shortly thereafter, and, taken to the Malinowski residence, described the crime in revolting detail. Statements by them to the police and assistant district attorneys were put in evidence. The jury found appellant guilty of murder of the first degree with the death penalty.

He complains of error in overruling a…