Commonwealth v. Capps

Opinion by

Me. Justice Allen M. Steaene,

George Capps, defendant-appellant, a married man aged twenty-two years, was convicted by a jury of mur der in tbe first degree, with penalty fixed at death, for the rape and killing of Marta Gibbons, a fifteen year old school girl, on the night of January 22, 1954, at an isolated location near Curtis Lake, Palls Township, Bucks County. The Commonwealth contends that the killing was either wilful, deliberate and premeditated, or in the perpetration of a common law forcible rape, or both. As in Commonwealth v. Prenni, 357 Pa. 572, 55 A. 2d 532, whatever…