Commonwealth v. Gardner

Opinion by

Mr. Justice Kephart,

This ease presents some rather unusual features, and, to understand the legal problems involved, it will be necessary to detail at length many of the circumstances connected with the crime.

The defendant, a married man, a short time before the date of the shooting, purchased a restaurant, located on the second floor of a building in Kittanning, Pennsylvania. The dining room occupied the entire front, and in the rear was the kitchen and another room used as a parlor or bedroom. Defendant, during these three weeks, had in his employ a waitress, Elsie Huybreeht,…