Vogel, Dennis M. v. Commonwealth of Pennsylvania, the Attorney General of the Commonwealth of Pennsylvania. Appeal of Dennis M. Vogel

OPINION OF THE COURT

STAPLETON, Circuit Judge.

On August 1, 1962, appellant Dennis Vogel fatally shot two of his co-employees during the course of an armed robbery. Three successive juries found Vogel guilty of two counts of second degree murder and one count of robbery. At each of his trials, Vogel’s sole defense was insanity.

The Supreme Court of Pennsylvania reversed appellant’s first conviction in a 5-2 per curiam opinion that lacked a majority viewpoint. Commonwealth v. Vogel, 268 Pa. 1, 268 A.2d 89 (1970) [Vogel I]. Similarly, Vogel’s second guilty verdict did not survive judicial…