Commonwealth ex rel. Kern v. Maroney

Opinion by

Mr. Justice Roberts,

While represented by competent counsel, appellant, James E. Kern, and his co-defendant, Robert Dillinger, plead guilty generally to an indictment charging them with the 1963 murder of Joseph S. Illig. During the hearing held in April 1964, to determine the degree of guilt, appellant testified as to his participation in the crime, but, contrary to a written statement he had previously given the police, denied striking the deceased. Following the hearing, appellant was found guilty of murder in the first degree and sentenced to life imprisonment, while Dillinger…