Commonwealth v. Buck

OPINION

ZAPPALA, Justice.

This appeal raises issues concerning a trial court’s authority to make pre-trial determinations as to the propriety of aggravating circumstances alleged by the Commonwealth in a homicide case. We hold that, under the circumstances of this case, the trial court exceeded its authority.

Appellant, Richard Buck, was charged with murder, voluntary manslaughter, involuntary manslaughter, possessing instruments of crime, violations of the Uniform Firearms Act, and recklessly endangering another person. Appellant allegedly fired one shot on February 9, 1994, fatally wounding…