Commonwealth v. Brooks

Opinion by

Mr. Justice Horace Steen,

A jury having found defendant, David Brooks, guilty of murder in the first degree, with penalty of death, he now appeals from the judgment and sentence imposed upon him.

The facts of the case are these. Brooks having stolen a revolver, met one Albert Wooding at about seven o’clock on the evening of December 14, 1945, and the two of them entered the hardware store of Thomas J. Burnby at 1930 Columbia Avenue, Philadelphia. According to defendant they had “decided to take a chance of going in to see whether or not he had any money” and they “intended it to be a…