Commonwealth v. Wilkes

Opinion by

Mr. Justice Eagen,

The appellant-defendant, John Wilkes, Sr., was convicted by a jury of murder in the second degree. Following the denial of a motion for a new trial and imposition of sentence, this appeal was filed.

The Commonwealth’s proof established the following:

The defendant, a married man, lived apart from Ms wife, in Layton Hill, a rural community in Fayette County, Pennsylvania. A young daughter resided with him, and on the date in question one Elizabeth Win-grove was visiting there overnight.

Around eleven o’clock p.m., Ronald Wilkes, a son of the defendant came to his…