Commonwealth v. Kluska

Opinion by

Mr. Justice Stern,

A jury found defendant guilty of murder of the first degree and fixed the penalty at death. The court overruled his motion for a new trial and imposed sentence in accordance with the verdict.

Defendant had quarreled with his wife, as a result of which she left him and went to reside with her mother. On a November afternoon in 1937 he met her-^according to his subsequent statement, accidentally — and urged her to return to him, but she refused. They stood talking together under a railroad bridge. Afterwards she was heard shouting for help and screaming that her…