Commonwealth v. Brue

Opinion

Mr. Justice Schaffer,

Appellant, condemned to death for the commission of the law’s gravest crime, committed in the perpetration of a burglary which he had concerted with two other felons, asks us to review the record of the trial, contending that it did not warrant his conviction of murder of the first degree.

Three criticisms are made by appellant’s counsel of the conduct of the trial. They first complain, the court charged the jury that, under a given state of facts, testified to by the Commonwealth’s witnesses, appellant “is” guilty of murder of the first degree instead of using the…