Commonwealth v. Rose

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Amos Paul Rose was convicted on May 30, 1972 in a jury trial of murder in the first degree and sentenced to life imprisonment. On direct appeal this Court reversed and remanded for a new trial. Commonwealth v. Rose, 457 Pa. 380, 321 A.2d 880 (1974). We held that the trial court erred in instructing the jury that the defendant bore the burden of proving intoxication sufficient to lower the crime from first to second degree murder.

On remand, appellant pled guilty to murder generally. At the degree of guilt hearing, the Commonwealth and the defense…