Commonwealth v. Depofi

Dissenting opinion by

Mr. Justice Jones:

I have no difficulty whatsoever in concluding that the Act of July 3, 1947, P. L. 1239, amending the Act of March 15,1911, P. L. 20, is both valid and enforceable.

Consequently, it is my opinion that the learned trial judge committed reversible error when he admitted in evidence proof of prior convictions of the defendant. Nor did his caution to the jury, not to consider such evidence except in connection with the question of penalty, if, and only if, they should first find the defendant guilty of murder in the first degree, absolve the error. Indeed, I…