Brown v. Commonwealth

CULLEN, Commissioner.

This appeal is from a judgment imposing the death penalty upon a verdict finding the appellant guilty of murder. The verdict fixed the penalty at “death with clemency” but the trial court treated the words “with clemency” as being surplusage. Under the particular circumstances of this case we are of the opinion that it was error for the court to accept such a verdict.

After the case was submitted to the jury and it had spent some time in deliberation it asked to be brought before the court and the following conversation took place:

“JUROR: Your Honor — ■

BY THE COURT: Yes…