Commonwealth v. Thomas

Opinion by

Mr. Justice Benjamin R. Jones,

The factual background of the homicide which resulted in the conviction of Robert W. Thomas of murder in the first degree with the penalty fixed at life imprisonment is set forth at length in Commonwealth v. Wilson, 394 Pa. 588, 148 A. 2d 234, Commonwealth v. DeMoss, 401 Pa. 395, 165 A. 2d 14 and Commonwealth v. Ellsworth, 409 Pa. 505, 187 A. 2d 640. Except as relevant and pertinent to the issues raised on this appeal, such background need not be herein recited.

The theory of the Commonwealth was that Thomas, a deputy sheriff of Dade County, Miami,…