Commonwealth v. Kelly

Opinion by

Mr. Justice Maxey,

This is an appeal from the sentence of death imposed upon defendant, William Kelly, after he was convicted of murder in the first degree upon an indictment charging him with the malicious killing of Police Officer Henry Berry.

At about 1 p. m., on March 17, 1938, defendant entered the jewelry store of Max Perlstein at 1018 Girard Avenue, Philadelphia. He claimed that his intention was to sell two revolvers to Perlstein but the latter testified as follows: “He [defendant] came in the store. I walked around the counter, and I asked him what he wished, and he pointed a…