Commonwealth v. Foster

Opinion by

Mr. Justice Allen M. Stearne,

Harold Foster (appellant) and Harry Zietz were indicted (with David Darcy and Felix Capone) for the murder of William Kelly on December 22, 1947. They *290were tried jointly by a jury, Judge Boyer, of Bucks County, presiding. The jury rendered a verdict of guilty of murder in the first degree, fixing the penalty of death. Appellant has appealed assigning trial errors.

The homicide resulted in the course of a “holdup” or armed robbery of a tap room or tavern located in Feasterville, Bucks County. No question is raised concerning the identity of appellant or…