Commonwealth v. Smith

MONTEMURO, Judge:

Appellant, James Curtis Smith, was convicted in a jury trial of second degree murder, 1 rape, 2 indecent assault, 3 involuntary deviate sexual intercourse, 4 robbery, 5 theft, 6 and conspiracy. 7 Post-verdict motions were heard and denied and a sentence of life imprisonment imposed. A timely appeal was taken to this court.

The charges arose out of the brutal slaying of William Eich, Jr., an eighteen year old army private who was home in Reading on a three day pass from Aberdeen, Maryland. On October 7, 1978, Eich arrived home in the afternoon. At approximately 5:00 P.M. he…