Jenkins v. Commonwealth

Danny Eugene Jenkins (Jenkins or defendant), indicted for the murder of Carl Ronald Wilburn (Wilburn) and the use of a firearm in the commission of that felony, was convicted by a jury of both offenses and his total punishment was fixed at 51 years in the state penitentiary. The sole issue on appeal is whether the trial court erred in permitting defendant’s wife, over defendant’s objection, to testify as a witness for the Commonwealth.

Wilburn was killed by a shotgun blast on March 31, 1977, as he was driving his car south along Route 17, a four-lane highway, in Gloucester County. Defendant’s…