Dalton v. Commonwealth

ELDER, Judge.

Paul Michael Dalton, Jr. (appellant) appeals his conviction of first degree- murder. He contends the trial court erred when it refused to instruct the jury on the crime of accessory after the fact to murder. For the reasons that follow, we reverse and remand.

I

FACTS

Appellant was charged with three crimes: (1) murder “in the commission of or attempt to commit robbery,” (2) murder, and (3) “use [of] a shotgun in committing or attempting to commit murder or robbery.” None of the indictments against appellant expressly charged him with being an accessory after the fact to any of these…