Commonwealth v. Martin

Opinion by

Mr. Justice Jones,

The deféndant was indicted and tried for the felonious killing of his wife. The jury found him guilty of murder in the first degree and fixed the penalty at' death. His motion for a new trial was denied. Prom the judgment of sentence imposed, he brings this appeal and assigns for error a number of matters, the principal ones being that the trial judge erred (1) in refusing to retire the jury for the purpose of taking testimony on a pending motion by the defendant for the withdrawal of a juror based on alleged mingling of the jury with, strangers in the lobby of the…