Commonwealth v. Scovern

Opinion by

Mr. Justice Kephart,

Appellant was convicted of murder of the first degree, and the jury fixed the penalty at death. When arraigned for trial, his counsel moved for a stay of proceedings and the appointment of a commission to preliminarily inquire into the prisoner’s present mental condition. The petition by the resident jail physician, supported by the affidavit of an alienist, was under section 308 of the Mental Health Act of 1923, P. L. 998, and stated defendant was not sane enough to make defense. The Commonwealth objected to the appointment of a commission and the court below…