Commonwealth v. Boden

Opinion by

Mr. Justice Bell,

A jury returned a verdict of murder in the first degree with penalty of life imprisonment. Defendant appealed from a judgment and sentence thereon, alleging (a) the usual reasons for a new trial, (b) trial errors, and (c) the Court’s refusal of the defendant’s point for binding instructions.

Defendant was indicted for arson and for murder. The trial Judge withdrew from the jury the indictment for arson, which requires a person “to wilfully and maliciously set fire to or burn a dwelling house or other building.” However, the trial Judge and the lower Court agreed with…