Commonwealth v. Marshall

OPINION

MONTEMURO, Justice.

Jerry Marshall, Jr. was convicted of two counts of murder in the first degree after a jury trial in the Court of Common Pleas of Philadelphia County, Pennsylvania. Finding that the murder was accompanied by two aggravating circumstances and no mitigating circumstances, the jury sentenced appellant to death. Post-trial motions were denied, and this court obtained jurisdiction pursuant to 42 Pa.C.S. § 9711(h) and Pa.R.A.P.1941.

The facts of this case, as adduced at trial, are as follows. On the morning of May 20, 1987, appellant and his wife, Donna, engaged in an…